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V 

FISHERIES, 
GAME AND FOREST LAW 

OF THB 

STATE OF NEW YORK 



RELATING TO 



Game, Fish and Wild Animals, and to the 
Forest Preserve and Adiron- 
dack Park. 



As Revised and Enacted by the Legislature of 1892 and Amended 
by the Legislatures of 1895, 1896, 1897 and 1898. 



PUBLISHED BY THE 
CLERKS OF THE SEI^ATE AND ASSEMBLY. 

1898. 



r 

FISHERIES, 

GAME AND FOREST LAW 

OF THE 9*^^*7 



STATE OF NEW YORK 



4 RELATING TO 

Game, Fish and Wild Animals, and to the 
Forest Preserve and Adiron- 
dack Park. 



As Revised and Enacted by the Legislature of 1892 and Amended 
by the Legislatures of 1895, 1896, 1897 and 1898. 



PUBLISHED BY THE 
CLERKS OF THE SEPTATE, A>^D ASSEMBLY 



/a 

''^' STATE OF NEW YORK. 



Commissioners of Fisheries, Game and Forest. 



BARNET H. DAVIS, Palmyra, N. Y., President. 
HENDRICK S. HOLDEN, Syracuse, N. Y. 
WILLIAM R. WEED, Potsdam, N. Y. 
CHARLES H. BABCOCK, Rochester, N. Y. 
EDWARD THOMPSON, Northport, N. Y., 

Shell Fish Commissioner. 



Standing Committees. 

EXECUTIVE. 

Hendrick S. Holden, Charles H. Babcoce, 

Barnet H. Davis. 

FOREST PRESERVE AND STATE LANOS. 

William R. Weed, Hendrick S. Holden, 

Barnet H. Davis. 

HATCHERIES, FISH CULTURE AND G IME. 

Charles H. Babcock. Edward Thompson, 

Barnet H. Davis. 

SHELL, FISH, LICENSES AND PERMITS. 

Edward Thompson, Hendrick S. Holden, 

Barnet H. Davis. 

LEGISLATION. 

Barnet H. Davis, William R. Weed, 

CH^g.iJp;sC H." Babcock. 



JAN 11 1905 
D.ofD, 



^ 






' THE 



FISHERIES, GAME AND FOREST LAI, 

CONSTITUTING 

Chapter 31 of the General Laws. 
Chapter 488 of the Laws of 1892. 

"AN ACT relating to game, fish and wild animals 
and to the forest preserve and Adirondacli park, con- 
stituting chapter thirty-one of the general laws and 
to be known as the fisheries, game and forest law." 
(Title as amended by chapter 395 of the Laws of 
1895.) 

Article 1. Fisheries, game and forest commission. 

2. Game protectors' powers and duties. 

3. Quadrupeds. 

4. Birds. 

5. Fish. 

6. Miscellaneous and local provisions. 

7. Special provisions as to Queens and 

Suffolk. 

8. Shell fish. 

9. Private grounds and parks. 

10. Prosecutions. 

11. Fishways. 

12. Forest preserve. 

13. Adirondack park. 

14. Laws repealed, definitions and other 

provisions. 

ARTICLE I.* 

Fisheries, Game and Forest Commission. 
Section 1. Short title of chapter. 

2. Fisheries, game and forest commissioners, 

how appointed. 

*As amended by chap. 395 of the Laws of 1895. 



Section 3. Terins of office of the commissioners. 

4. Commissioners, compensation and ex- 

penses, 

5. Fish culturist. 

6. Office and clerical force. 

7. Duties of commissioners. 

8. Board to report annually to the legislature. 

Section 1. Short title of chapter.— This chapter 
shall be known as the fisheries, game and forest law. 

§ 2. Fisheries, game and forest commissioners; 
how appointed.— The governor shall appoint, by and 
with the advice and consent of the senate, five com- 
missioners who shall constitute the board of fisheries, 
game and forest. 

§ 3. Terms of office of commissioners. — The terms 
of office shall be five years. The governor shall 
nominate and appoint, by and with the advice and 
consent of the senate, one of the commissioners, to be 
president of the commission. The commissioners 
shall designate one of their number as shell-fish com- 
missioner, who shall have entire charge of the shell- 
fish Avork of the commission and shall certify to the 
commission as to whether the grounds applied for are 
beds of oysters of natural growth. The commission- 
ers shall also designate one of their number to act as 
secretary of the board, and may remove him at their 
pleasure, who shall perform the duties of secretary 
without extra compensation, and who, while so as- 
signed, shall devote his entire time to the work of the 
commission. (As amd by chap. i6g of Laws of i8q6.) 

§ 4. Compensation and expenses of commissioners. 
— The president shall receive an annual salary of 
three thousand dollars. Each of the remaining com- 
missioners shall receive an annual salary of two thou- 
sand five hundred dollars, and each member of said 
board shall also receive, in addition thereto, the sum 



of eight hundred dollars for traveling expenses, to be 
paid in monthly installments. (As anid by chap. 169 of 
Laws of 1896.) 

§ 5. Fish culturist.— The board of commissioners 
shall appoint a fish culturist not one of their number, 
who shall be known as the state fish culturist, and who 
shall have charge under the direction of the commis- 
sion, of the culture of all fish in the state, and who 
shall receive an annual salary of three thousand dol- 
lars and necessary traveling expenses. (As anid by 
chap. 169 of Laws of 1896.) 

§ 6. Office and clerical force.— The board shall have 
an office in the capitol at Albany, and shall hold meet- 
ings at such office at least once each month upon such 
dates as they may determine, and at such other times 
and places as the commissioners shall appoint for the 
transaction of business. The commission is em- 
powered to lease an office in New York or Brooklyn 
for the transaction of business connected with the 
sale or lease of lands under water as provided by law. 
It shall be allowed an assistant secretary at one thou- 
sand eight hundred dollars per annum, and expenses 
not to exceed two hundred dollars payable monthly, 
and such other clerical assistance as shall be actually 
needed, together with the necessary contingent office 
expenses, and the commissioners may appoint an 
engineer and fix his compensation. {As aind by chap. 
169 of Laws of 1896.) 

§ 7. Duties of board of commissioners.— The duties 
of the board of commissioners shall be to propagate 
and distribute food and game fishes, and shell-fish, 
and to keep up the supply thereof in the various 
waters of the State, and for this purpose it shall have 
the conduct and control of such hatching stations as 
are now owned or operated by the state, and such fts 
may be hereafter established. The board of commis- 



6 

sloners shall also be charged with the enforcement of 
all laws passed for the protection of fish and game, 
and for the protection and preservation of the forest 
preserve, and shall have the care, custody and control 
of the Adirondack park and forest preserve, and shall 
have all the powers and duties imposed upon them by 
articles twelve and thirteen of this chapter. The 
board of commissioners shall also have the care of all 
lands under water which have been designated, sur- 
veyed and mapped out, pursuant to law, for oyster 
beds, and power to grant franchises of such lands 
according to the provisions of law now enforced, or 
which may be hereafter enacted. It shall also possess 
all the powers and perform all the duties given and 
imposed by this chapter and by other provisions of 
law. 

§ 8. Board to report annually to legislature.— 
Such board shall annually make a full report to the 
legislature of all their official operations for the year 
ending on the thirtieth of September previous, with 
such suggestions and recommendations as they shall 
deem useful. The present commissioners shall con- 
tinue to hold their offices until new appointments are 
made under the provisions of this act. 

ARTICLE II.* 

Fish and Game Protectors and Foresters, Powers 
and Duties. 

Section 20. Fish and game protectors and foresters, 
how appointed. 

21. Term of office of fish and game protectors 

and foresters. 

22. Chief fish and game protector and for- 

ester. 

23. Protectors and foresters to give bonds. 

*A3 amended by chap. 395 of the Laws of 1895. 



Section 24. Compensation of protectors and foresters. 

25. Office of chief protector and forester to 

be at the capitol. 

26. Duties of protectors and foresters. 

27. Records and reports. 

28. Payment of salary and expenses. 

29. Reports by chief protector and forester 

to the board of fisheries, game and 
forest. 

30. Special protectors. 

31. Powers of sheriffs, constables and deputy 

sheriffs. 

32. Nets to be destroyed by protectors and 

foresters. 

33. Expense of seizure of nets. 

34. Bounty for the destruction of illegal fish 

nets. 

§ 20. Fish and game protectors and foresters, 
how appointed.— The fisheries, game and forest com- 
mission shall appoint thirty-five fish and game pro- 
tectors and foresters, whose powers and duties are 
hereinafter defined, and who shall be known as fish- 
eries and game protectors and foresters. 

§ 21. Terms of oflace of fish and game protectors 
and foresters.— Fish and game protectors and forest- 
ers so appointed, shall hold office during the pleasure 
of the board of commissioners, which may summarily 
remove any of their number and appoint another in 
his place. 

§ 22. Chief fish and game protector and forester.— 
The commission shall, from time to time, designate 
one of such protectors as chief fish and game protector 
and forester, and two others as his assistants, under 
whatever title he may give them, and the three pro- 
tectors and foresters so designated shall hold office 
during the pleasure of the commission; the commis- 
sioners shall further designate another protector to 



act as state oyster protector, and another protector 
to act as protector of the waters of the Thousand 
Islands, and the protectors so designated shall hold 
office during the pleasure of the board. The chief 
fish and game protector and forester shall have the 
direction, supervision and control of the entire force. 
(As anid by chap. 531 of Laws of 1896.) 

§ 23. Protectors and foresters to give bonds.— The 
chief protector and forester shall give a bond to the 
board of commissioners, with sureties in the sum of 
one thousand dollars, and each of the other pro- 
tectors a bond with sureties in the sum of five hun- 
dred dollars, conditioned for the faithful discharge 
of his duties, such bond to be approved by the board 
of commissioners. Any action thereof shall be 
brought in the name of the people. 

§ 24. Compensation of protectors and foresters.— 
The compensation of the chief protector and forester 
shall be two thousand dollars per annum, payable 
monthly, and he shall be allowed his actual and 
necessary traveling expenses in the performance of 
his duty, not exceeding one thousand dollars per year. 
The two assistant protectors and foresters shall each 
receive twelve hundred dollars per year, together with 
their traveling and incidental expenses, not to exceed 
seven hundred and fifty dollars per year; the protector 
designated as state oyster protector shall receive 
twelve hundred dollars per year and his actual inci- 
dental and traveling expenses, not exceeding four hun- 
dred and fifty dollars per year. The protector desig- 
nated as protector of the waters of the Thousand 
Islands shall receive five hundred dollars per year and 
his actual incidental and traveling expenses, not ex- 
ceeding four hundred and fifty dollars per year, and 
the thirty-one remaining protectors shall each receive 
five hundred dollars per annum, payable monthly, 
and an allowance for expenses not exceeding four 
hundred and fifty dollars per year, and each of the 



9 

said protectors shall receive one-half of all the fines 
and penalties collected in actions brought upon in- 
formation furnished by him after all the expenses 
of recovering said fines and penalties shall be paid. 
(As amd by chap. 6^9 of Laws of i8g6.) 

§ 25. Oflace of chief protector and forester.— The 
chief protector and forester shall have his office with 
the commissioners of fisheries, game and forest com- 
mission in the capitol at Albany. 

§ 26. The duties of protectors.— The fish and game 
protectors and foresters shall enforce all the fish and 
game laws of the state, and the provisions supple- 
mentary thereto made by boards of supervisors for 
the additional protection of fish and game, and all 
laws passed for the protection and preservation of 
the forest preserve, and all rules and regulations 
made by the commissioners of fisheries, game and 
forest for the care, custody and control of the forest 
preserve and the Adirondack parli, and shall have 
full power to execute all warrants and search war- 
rants issued for the violation of the fish and game 
laws, and laws passed for the protection of the 
forest preserve, and the care, custody and control of 
the Adirondacli parli, and to serve subpoenas issued 
for the examination, investigation or trial of all 
offenses against said laws. 

§ 27. Records and reports. — Each protector and 
forester shall keep a daily record of his official acts, 
and at the close of each month make a summary of 
such record with such statements in detail as shall 
be necessary for the information of his chief, and 
report the same to the chief protector and forester. 

§ 28. Payment of salary and expenses. — Payment 

of salary and traveling expenses to protectors and 

foresters shall only be made upon the certificate of 

the chief protector and forester that the protector and 

2 



10 

forester has made such report and properly performed 
his duties. 

§ 29. Reports by chief protector and forester to 
the board of commissioners.— The chief protector 
and forester shall report to the board of commis- 
sioners any negligence or dereliction of duty on the 
part of any of the protectors and foresters, with the 
facts relating thereto, and he shall report monthly 
to said commissioners the operation of his depart- 
ment during the preceding month, and shall make 
such further report as may be required by the 
board of commissioners. 

§ 30. Special protectors and foresters.— The board 
of commissioners may, in its discretion and at 
pleasure, appoint or remove a person recommended 
by the majority of the supervisors of any county or 
by any incorporated game club for the protection of 
fish and game as special protector and forester, who 
shall possess the same powers that are enforced upon 
the state protectors and foresters; such special pro- 
tectors and foresters shall receive no compensation 
from the state. They shall make similar reports to 
those required from state protectors and foresters. 
(As am'd by chap. 284 of Laws of 1896.) 

§ 31. Powers of sheriffs, constables and deputy 
sheriffs.— Peace officers shall have the same powers 
as are conferred upon the game protectors and forest- 
ers for the enforcement of the provisions of this 
chapter. 

§ 32. Nets to be destroyed by protectors and 
foresters.— It is the duty of every protector and 
forester to seize, remove and forthwith destroy any 
net, pound or other illegal devices for the taking of 
fish or game found in or upon any of the waters or 
Islands of this state where hunting and fishing with 
nets or other illegal devices is prohibited or illegal 



11 

or upon the shores or islands of such waters, and 
such nets, pounds or other illegal devices are de- 
clared to be a public nuisance and shall be abated 
and summarily destroyed by any game protector and 
forester and no action for damages shall lie or be 
maintained against any person for such seizure or 
destruction. (As anid by chap. 66i of Laws of 1896.) 

§ 33. Expense of seizure of nets.— The reasonable 
expense of any seizure, removal or desti*uction of 
such nets, pounds or other illegal devices shall be a 
county charge against the county in which the same 
shall be seized and shall be audited and paid as other 
county charges are paid on the certificate of such 
protector and forester stating the time and place of 
such destruction, the name of the person employed 
therein, the time spent thereabout, and the money 
advanced, if any, and to whom, and shall be verified 
by the oath of such protector and forester making 
such seizure and destruction. {As amd by chap. 661 
of Laws of 1896.) 

§ 34. Bounty for the destruction of illegal fish 
nets.— Fish nets of every kind, excepting those that 
are duly licensed according to the provisions of the 
fisheries, game and forest law, or legal minnow nets 
according to section one hundred and forty-five of 
said law, are hereby declared a public nuisance and 
when found in water inhabited by fish or on ice over 
such water, may be seized and removed by any per- 
son and taken before any justice of the peace, town 
clerk or town or ward supervisor in the county where 
seized and upon the afladavits of two persons that 
said net or nets are illegal or not licensed as provided 
for by law, and that they were taken from water 
or from ice as aforesaid specified, shall order said 
net or nets destroyed by the person seizing same, in 
his presence. Upon payment to him of a fee of fifty 



12 

cents for each net, ordered destroyed, said justice 
of the peace, town clerk, or supervisor shall deliver 
to the person seizing and destroying a net or nets as 
herein provided, a certificate to the county treasurer 
that the person named therein has seized and de- 
stroyed according to law, a net or nets as the fact 
may be, and that he is entitled to a bounty on the 
same as follows: For each scap net, drop net, dip 
net, minnow net, gill net and seine net under one 
hundred feet in length, three dollars; for each fyke 
net with hoops less than four feet in diameter and 
for each seine net and gill net over one hundred feet 
and under two hundred feet in length, five dollars; 
for each five foot trap net, for each fyke net with 
hoops over four feet in diameter, for each seine net 
and gill net over two hundred feet and under three 
hundred feet in length, seven dollars a.iid fifty cents; 
for each trap net over five feet and for each seine and 
gill net over three hundred feet in length, ten dol- 
lars; and for each pound net, fifteen dollars. Before 
granting a certificate for bounty as herein specified, 
an examination of the net or nets shall be made by 
the justice of the peace, town clerk or supervisor 
from whom a certificate is requested, and in case 
it is found that they are rotten or worthless for 
fishing purposes, no certificate shall be granted and 
his decision as to the facts of such matter shall be 
final. The county treasurer to whom such certifi- 
cate is directed shall pay th-? amount of bounty 
specified in said certificate to the person holding 
the same, out of the funds of the county, and on 
the presentation of said certificate to the comptroller 
of the state, he shall allow the amount thereof to 
the county by which it was paid in settlement of 
taxes due therefrom. The payment of any bounty 
under the provisions of this section shall be in lieu 
of any and all charges for expenses of the seizure, 
removal and destruction of such net or other illegal 



13 

device otherwise payable under section tliirty-three 
of this act. Tlie provisions of this section sliall not 
apply to nets set in the salt waters of the state. 

(Added by chap. 451 of Laws of i8g8.) 

ARTICLE III.* 
Quadrupeds. 
Section 40. Deer, close season. 

41. Deer or venison, when not to be pos- 

sessed. 

42. Fawns not to be killed. 

43. Traps and artificial lights. 

44. Hounding. 

45. Dogs may be killed. 

46. Transportation. 

47. Crusting and yarding. 

48. Wild moose, elk, caribou and antelope. 

49. Black and gray squirrels. 

50. Beaver not to be killed. 

51. Wild deer, close season in the counties 

of Ulster, Greene, Delaware and Sulli- 
van. 

52. Panthers, bounty. 

53. Claim for bounty; how proven. 

54. Certificate to be issued. 

55. County treasurer to pay certificate. 

56. Closed season for woodcock in Richmond 

county. 

57. Black bass, Oswego bass, close season. 

§ 40. Deer, close season.— Wild deer shall not be 
caught, shot at, hunted or killed except from the 
fifteenth day of August to the fifteenth day of No- 
vember, both inclusive. No person shall kill or take 
alive more than two deer in any season. And in 
the counties of Ulster, Greene and Delaware no wild 

*As amended by chap. 974 of the Laws of 1895. 



14 

deer shall be caught, shot at, hunted or killed at any- 
time within five years from the passage of this act 
Deer may be taken alive in any part of the state 
at any season of the year under the direction of the 
fish, game and forest commission to be placed in the 
deer parks belonging to the state for the purpose of 
breeding. The provisions of this section as to the 
close season shall not apply to Long Island. This 
section shall not be so construed as to prevent any 
person from reclaiming alive any deer which may 
have escaped from a private park or inclosure. Who- 
ever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a 
penalty of one hundred dollars for each wild deer 
caught, shot at, hunted or killed. {As anid by chap. 
Spo of Laws of iSgy.) 

§ 41. Deer or venison, when not to be possessed. — 
Wild deer or venison shall not be possessed or sold 
except from the fifteenth day of August to the 
twentieth day of November, both inclusive, and pos- 
session thereof from the fifteenth day of November 
to the twentieth day of November, inclusive, is for- 
bidden, and shall be deemed a violation of this sec- 
tion unless it be proved by the possessor or seller 
that such deer or venison was killed within the lawful 
period for killing or out of the state. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty 
of one hundred dollars for each wild deer or part 
thereof had in possession in vioation of this section. 
{As am'd by chap. S9 of Laws of i8g8.) 

§ 42. Fawns not to be killed.— No fawns shall be 
caught or killed at any time in this state, nor any 
part thereof be possessed at any time; possession 
of a fawn or fawns shall be presumptive evidence of 



15 

the violation of tliis section. Wlioever shall violate 
or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of one hun- 
dred dollars for each fawn caught, killed or possessed 
in violation of this section. 

§ 43. Traps and artificial lights.— Traps or any 
device whatsoever, to trap or entice deer, including 
salt licks, shall not be made, set or used, and deer 
shall not be caught, hunted or killed by aid or use 
thereof. No jack-light or any other artificial light 
shall be used in hunting or killing or attempting 
to kill any deer for the term of five years from and 
after the first day of June, eighteen hundred and 
ninety-seven. Whosoever shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of one hundred dollars 
for each violation thereof. (As anid by chap. 390 
of Laws of 1897.) 

§ 44. Hounding.— Deer shall not be hunted, pur- 
sued or killed with any dog or bitch in this state for 
the term of five years from the first day of June, 
eighteen hundred and ninety-seven. Dogs of the 
breed commonly used for hunting deer shall not be 
permitted by the owner or person harboring the 
same to run at large for or during the said term of 
five years in the forests where deer inhabit. The 
provisions of this section as to the close season shall 
not apply to Long Island. If any dog or bitch of the 
breed used for hunting deer shall be found hunting, 
pursuing or killing any deer or running at large in 
the forests of this state where deer inhabit, it shall 
be deemed prima facie evidence of the violation of 
the foregoing section by the person or persons own- 
ing, using, having or harboring such dog or bitch. 



16 

Whoever shall violate or attempt to violate the pro- 
visions of this section shall be deemed guilty of a 
misdemeanor and in addition thereto shall be liable 
to a penalty of one hundred dollars for each vio- 
lation thereof. (As am'd by chap. 390 of Laws of 1897.) 

§ 45. Dogs may be killed.— Dogs, while chasing 
deer in violation of law, or any dog or bitch that 
will hunt, chase or pursue deer may be killed by 
any person when found running at large in the 
forests of this state where deer inhabit, and it is 
the duty of every game protector and forester to 
kill all dogs when found running at large in viola- 
tion of this act, and no action for damage shall lie 
or be maintained against any person for such killing. 
{As am'd by chap. 404 of Lazvs of 1S98.) 

§ 46. Transportation.— Deer or venison killed in 
this state shall not be transported to any point within 
or without the state from or through any of the 
counties thereof or possessed for that purpose, ex- 
cept as follows: One carcass or a part thereof may 
be transported from the county where killed when 
accompanied by the owner. No individual shall 
transport or accompany more than two deer in any 
one year under the above provision. The posses- 
sion of deer or venison by a common carrier, or by 
any person in its employ then actually engaged in 
the business of such common carrier, unaccompanied 
by the owner, shall constitute a violation of this 
section by such common carrier. This section does 
not apply to the head and feet or skin of deer sev- 
ered from the body. Whoever shall violate or at- 
tempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of one hundred 
dollars for each wild deer or part thereof, had in 
possession in violation of this section. 



17 

§ 47. Crusting and yarding.— Deer shall not be 
"hunted, killed or captured by what is commonly 
known as crusting, nor while they are yarded. Who- 
ever shall violate or attempt to violate the pro- 
visions of this section shall be deemed guilty of mis- 
demeanor, and in addition thereto shall be liable to 
a penalty of one hundred dollars for each violation 
thereof. 

§ 48. Wild moose, elk, caribou and antelope.— 
Wild moose, elk, caribou or antelope shall not be 
hunted, killed, possessed or sold at any time in this 
state. Provided, however, that moose, elk, caribou 
and antelope may be possessed and transported into 
this state for breeding purposes; and it is further 
provided that the meat of any moose, elk, caribou 
or antelope may be possessed or sold during the 
season for the possession of venison if it be proved 
by the possessor that such meat^ was killed outside 
of the state or by persons who own or are in charge 
of private parks and are the actual owners of said 
moose, elk, caribou or antelope. Whoever shall vio- 
late or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor, and 
in addition thereto shall be liable to a penalty of 
two hundred dollars for each wild moose, elk, cari- 
bou or antelope caught, shot at, hunted, killed or 
possessed or for each carcass or part thereof had 
in violation of this section. {As am'd by chap. 55 of 
Laws of 1898.) 

§ 49. Black and gray squirrels.— Black and gray 
squirrels, shall not be hunted, shot at, killed or pos- 
sessed, except from the first day of September to 
the fifteenth of December, both inclusive. The pro- 
visions of this section shall not apply to Long Island. 
W^hoever shall violate, or attempt to violate, the pro- 
visions of this section, shall be deemed guilty of 
3 



18 

misdemeanor, and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each violation 
thereof, and ten dollars for each squirrel killed or 
had in possession in violation of this section. (As 
am'd by chap. S3 of Laws of i8g8.) 

§ 50. Beaver not to be killed.— No beaver shall 
be caught or killed at any time in this state. Who- 
ever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of a misde- 
meanor and in addition thereto shall be liable to a 
penalty of fifty dollars for each beaver caught or 
killed in violation of this section. (Added by chap. 
463 of Laws of i8g6.) 

§ 51. Wild deer, close season in the counties of 
Ulster, Greene, Delaware and Sullivan.— Wild deer 
shall not be caught, shot at, hunted, killed or pos- 
sessed after being killed in the counties of Ulster, 
Greene, Delaware and Sullivan prior to August fif- 
teenth, nineteen hundred and one. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of 
one hundred dollars for each wild deer caught, shot 
at, hunted, killed or possessed after the same is dead, 
contrary to the provisions of this section. {Added by 
' chap. 403 of Laws of 1898.) 

§ 52. Panthers, bounty.— A bounty of twenty dol- 
lars for each panther shall be paid to any person 
who shall kill such animal in the state. {As am'd by 
chap. 639 of Laws of 1898.) 

§ 53. Claim for bounty; how proven.— The killing 

of a panther shall be proved by affidavit satis- 

. factory to the supervisor and one of the justices 

of the town where the animal was killed, and the 

delivery to them of the skull and skin thereof, which 



19 

skull shall be by them burned, and the skin branded, 
so as to be capable of identification. (As am'd by 
chap. 639 of Laws of 1898.) 

§ 54. Certificate to be issued.— The supervisor and 
justice so acting shall issue to the person making 
such satisfactory proof a certificate directed to the 
county treasurer of the county, stating the kind of 
animal killed, the date of killing and the amount of 
bounty to which the person is entitled. 

§ 55. County treasurer to pay certificate.— The 
county treasurer to whom such certificate is directed 
shall pay the amount of bounty specified in said cer- 
tificate to the person holding the same, out of the 
funds of the county, and on the presentation of said 
certificate to the comptroller, he shall allow the 
amount thereof to the county by which it was paid 
in settlement of taxes due therefrom. 

§ 5G. Closed season for woodcock in Richmond 
county.— Woodcock shall not be pursued, shot at, 
hunted, killed or possessed, in Richmond county, ex- 
'^ept from the fourth day of July to the thirty-first 
day of December, both inclusive. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor, and 
in addition thereto shall be liable to a penalty of 
twenty-five dollars for each woodcock killed, trapped 
or possessed contrary to the provisions of this sec- 
tion. Anything contained in sections seventy-four, 
seventy-five and seventy-six of this act relating to 
woodcock, effecting Richmond county as to closed 
season on woodcock, is hereby repealed. {Added 
by chap. 322 of Laws of 1897.) 

§ 57. Black bass, Oswego bass, close season.— 
Black bass, Oswego bass, shall not be fished for, 
caught, killed, or possessed from the waters of the 
Salmon river in the town of Fort Covington, Frank- 



20 

lin county, between the Canada line and a dam on 
said river known as A. Wright, or the Fort Coving- 
ton Milling company's dam, in the village of Fort 
Covington, or from the Saint Regis river, in the town 
of Bombay, Franklin county, between the Canada 
line and a dam in the village of Hogansburg, known, 
as the Mill's and Lantry dam, between the fifteenth 
day of November and the first day of May, both 
inclusive. Whoever shall violate or attempt to vio- 
late the provisions of this section shall be deemed 
guilty of misdemeanor, and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
violation and ten dollars for each bass caught, or 
possessed contrary to the provisions of this section. 
{Added by chap. 450 of Laws of i8g8.) 

ARTICLE IV.* 
Birds. 

Section 70. Wild fowl; close season. 

71. Manner of killing. 

72. Quail; close season. 

73. Quail; when not to be possessed. 

74. Woodcock and grouse; close season. 

75. Woodcock and grouse; when not to be 

possessed. 
75a. Woodcock; close season in the counties 
of Clinton, Essex and Warren. 

76. Woodcock and grouse; when not to be 

transported. 

77. Plover and other birds; close season. 

78. Certain wild birds protected. 

79. Meadow larks; close season. 

80. Destroying or robbing nests. 

81. Snaring, netting or trapping certain 

game birds forbidden. 



* As amended by chap. 974 of the Laws of 1895. 



21 

Section 82. Mongolian ring-necked pheasant. 

83. Authority to collect birds, et cetera, for 

scientific purposes. 

84. Steps to be taken to procure certificate. 

85. Time for which certificates shall be in 

force, 

§ 70. Wild fowl; close season.— Web-footed wild 
fowl, except geese and brant, shall not be pursued, 
shot at, hunted, killed, possessed or sold between the 
last day of April and the first day of September, 
and shall not be pursued, shot at, hunted or killed, 
except during the hours in each day commencing 
one hour before sunrise and terminating one hour 
after sunset. On the Hudson river below the dam at 
Troy, boats propelled by hand may be used for the 
purpose of shooting web-footed fowl. The provisions 
of this section shall not apply to Long Island and 
Long Island sound. Whoever shall violate or at- 
tempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five dol- 
lars for each bird killed, trapped or possessed con- 
trary to the provisions of this section. 

§ 71. Manner of killing.— Web-footed wild fowl 
shall not be pursued, shot at, hunted, killed or caught 
in any way, save with a gun raised at arm's length and 
fired from the shoulder without other rest; nor from 
any boat other than a boat propelled by hand or float- 
ing device; nor by the use of any boughhouse at a 
greater distance than fifty feet from either the shore 
or a natural growth of grass or flags. Such fowls 
caught or killed in any manner prohibited by this 
section shall not be brought to the shore, sold or pos- 
sessed. The provisions of this section shall not apply 
to Long Island and Long Island sound. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor, 



22 

and in addition thereto shall be liable to a penalty of 
twenty-five dollars for each bird killed, trapped or 
possessed contrary to the provisions of this section. 

§ 72. Quail; close season.— Quail shall not be pur- 
sued, shot at, hunted or killed, except from the first 
day of November until the fifteenth day of Decem- 
ber. Whoever shall violate or attempt to violate the 
provisiofts of this section shall be deemed guilty of 
a misdemeanor, and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each 
bird killed, trapped or possessed contrary to the pro- 
visions of this section. {As am'd by chap. 459 of Laws 
of 1898.) * 

§ 73. Quail, when not to be possessed.— Quail 
shall not be sold or possessed except during the 
months of November and December, but possession 
thereof during the month of December after expira- 
tion of close season is forbidden and shall be deemed 
a violation of this section unless it be proved by the 
possessor that said birds were killed within the law- 
ful periods for killing the same, or outside the state, 
and they shall not be killed or possessed in the 
counties of Chemung, Genesee, Wyoming, Orleans, 
Livingston, Monroe, Cayuga, Seneca, Wayne, Tomp- 
kins, Tioga, Onondaga, Ontario, Steuben, Cortland 
and Otsego, prior to the first day of November, eigh- 
teen hundred and ninety-eight. The provisions of 
this section shall not apply to Robin's island and 
Gardiner's island. Whoever shall violate or attempt 
to violate the provisions of this section shall be 
deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each bird killed, trapped or possessed 
contrary to the provisions of this section. (As am'd 
by chop. 459 of Laws of 1898.) * 

* Note.— Apparently this'section does not apply to Long Island. 
See chap. 459 of Laws of 1898. -Compiler. 



23 

§ 74. Woodcock and grouse, close season.— Wood- 
£OCk, ruffed grouse, commonly known as partridge, 
or any member of the grouse family, shall not be 
pursued, shot at, hunted, caught or killed except 
from the first day of September to the fifteenth day 
of December, both inclusive. No person or persons 
shall kill, catch or take alive more than thirty-six 
of the above-named birds under the above provisions 
in any one year. The provisions of this section shall 
not apply to Long Island. Whoever shall violate or 
attempt ,to violate the provisions of this section shall 
be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each bird caught, killed, snared, trapped 
or possessed contrary to the provisions of this sec- 
tion. {As am'd by chap. 54 of Laws of i8g8.) 

§ 75. Woodcock and grouse; when not to be pos- 
sessed. — Woodcock, ruffed grouse, commonly known 
as partridge, or any member of the grouse family 
shall not be sold or possessed except from the first 
day of September to the thirty-first day of Decem- 
ber, both inclusive, and possession or sale thereof 
during the last fifteen days of December is prohib- 
ited and shall be deemed a violation of this section, 
unless it be proved by the possessor or seller that 
said birds were caught or killed within the lawful 
period for killing the same or out of the state. The 
provisions of this section shall not apply to Long 
Island. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of misdemeanor and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each 
bird caught, killed, trapped or possessed contrary to 
the provisions of this section. {As am'd by chap. 54 
of Lazvs of 1898.) 

§ 75a. Woodcock; close season in the counties of 
Clinton, Essex and Warren. — Woodcock shall not 



24 

be pursued, sliot at,_^iunted, caught, killed or pos- 
sessed, except from tbe^ sixteenth day of August to 
the fifteenth day,pf December, both inclusive, in the 
counties of Clinton, ^ssex and Warren. Whoever 
shall violate or attenL\i>t,to violate the provisions of 
this section, shall ^e deemed guilty of misdemeanor, 
and in addition the^reto shall be liable to a penalty 
of twenty-five dollars for each bird caught, killed, 
or possessed contrary to the provisions of this sec- 
tion. {Added by chap. 489 of Laws of i8g8.) 

§ 76. Woodcock^-- quail and grouse, when not to 
be transported. — Woodcock, ruffed grouse, com- 
monly known as partridge, or any member of the 
grouse family, or duail killed in this state, shall not 
be transported from any one point to another point 
within or withou^' the state from or through any 
of the counties. 'thj^reof or possessed for that pur- 
pose, nor from a le|s distance than twenty-five miles 
from the state lin^butside of this state to be trans- 
ported into this^^tate in the open season for trans- 
portation, except,tl]bat such birds may be transported 
from the c#unty w^re killed or through any of the 
countie^Hfr this state from one point to another point 
when accompanied*' by the actual owner thereof. 
Provided, however, that no person, association or 
company shall transport or accompany more than 
thirty-six of such birds under the above provisions in 
any one year, nor more than twelve at any one time, 
Possession of the birds named by any person or by 
a common carrier p*r by any person in its employ 
then actually engaged in the business of such com- 
mon carrier, corporation, association or company 
unaccompanied by the actual owner thereof, shall 
constitute a violation of this section by such person, 
common carrier, corporation, association or com- 
pany. A»d- while such bfrds are being transported, 
no comrnon carrier or person in the employ of a 



25 

common carrier transporting such birds shall be the 
owner thereof. Whoever shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of misdemeanor, and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
and every bird caught, killed, trapped, snared, or 
possessed, transported or had in possession for trans- 
portation contrary to the provisions of this seciion. 
(As am'd by chap. 54 of Lazus of 1898.) 

§ 77. Plover and other birds; close season.— 
Wilsons, commonly known as English snipe, plover, 
rail, mud-hen, gallinule grebe, bittern, surf-bird, cur- 
lew, water chicken, bay snipe, or shore bird shall not 
be shot at, hunted, killed or possessed during the 
months of May, June, July and August. The pro- 
visions of this section shall not apply to Long Island. 
Whoever shall violate or attempt to violate the pro- 
visions of this section shall be deemed guilty of mis- 
demeanor, and in addition thereto shall be liable to a 
penalty of twenty-five dollars for each bird killed, 
trapped or possessed contrary to the provisions of 
this section. 

§ 78. Certain wild birds protected.— Wild birds 
shall not be killed or caught at any time or possessed 
living or dead. This provision does not affect any 
birds the killing of which is prohibited between cer- 
tain dates by the provisions of this act, nor does it 
protect the English sparrow, crow, hawk, crane, 
raven, crow-blackbird, common blackbird and king- 
fisher; and it does not apply to any person holding a 
certificate under the provisions of this act. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor 
and in addition thereto shall be liable to a penalty of 
twenty-five dollars for each bird killed, trapped or 
possessed contrary to the provisions of this section. 
(As amd by chap. 699 of Laws of 1897.) 
4 



26 

§ 79. Meadow larks; close season.— Meadow larks 
shall not be shot at, killed or possessed after they 
are dead, at any time. Whoever shall violate or at- 
tempt to violate the provisions of this section shall be 
deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five dol- 
lars for each bird killed, trapped or possessed con- 
trary to the provisions of this section. The pro- 
visions of this section shall not apply to Long Island. 

§ 80. Destroying or robbing nests.— The nests of 
wild birds shall not be robbed or willfully or need- 
lessly destroyed unless when necessary to protect 
buildings or prevent their defacement. This section 
does not apply to the English sparrow, hawk, crane, 
crow, raven, crowblackbird and common blackbird or 
kingfisher. Whoever shall violate or attempt to vio- 
late the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
nest robbed or destroyed contrary to the provisions of 
this section. 

§ 81. Snaring, netting or trapping certain game 
birds prohibited.— English pheasants, ruffed grouse, 
commonly known as partridge, or any member of 
the grouse family, or quail, shall not be trapped, net- 
ted or snared, nor shall any person possess any of 
said birds so taken, nor shall any net, trap or snare 
of any kind commonly used for taking ruffed grouse 
or any member of the grouse family or quail be set, 
placed or used in any locality where the above 
named birds can be taken. Any such net, trap or 
snare is declared to be a public nuisance and may 
be abated and summarily destroyed by any person, 
and it is the duty of every fish and game protector 
and forester to seize and destroy any device set in 
violation of this section. Whoever shall violate or 



27 

attempt to violate the provisions of this section by- 
placing, setting or using any device whereby any 
of the above named birds can be talien shall be 
deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each bird killed, trapped, snared or pos- 
sessed or for each device placed or set contrary to 
the provisions of this section. {As ani'd by chap. 54 
of Laws of 1898.) 

§ 82. Mongolian ring-necked pheasant.— No per- 
son shall kill, expose for sale or have in his or her 
possession after the same has been killed, any wild 
Mongolian ring-necked pheasant (phasius torquatus) 
prior to the year nineteen hundred, except in the 
county of Suffolk. Wild Mongolian ring-necked 
pheasants shall not be pursued, shot at, hunted, 
killed, trapped or snared in the county of Suffolk 
except from the first day of October to the thirty- 
first day of January, both inclusive. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor, and 
in addition thereto shall be liable to a penalty of 
twenty-five dollars for each bird killed, trapped, 
snared or possessed contrary to the provisions of 
this section. {As am'd by chap. 409 of Laws of 1898.) 

§ 83. Authority to collect birds, et cetera, for 
scientific purposes.— Certificates may be granted by 
any incorporated society of natural history in the 
state or by the regents of the university of the state 
of New York, through such persons or officers as said 
society may designate, to any properly accredited 
person of the age of eighteen years or upwards, per- 
mitting the holder thereof to collect birds, their nests, 
or eggs for strictly scientific purposes only. In order 
to obtain such certificate the applicant for the same 
must present to the person or persons having the 
power to grant said certificates written testimonials 



28 

from two well-known scientfic men, certifying to the 
good character and fitness of said applicant to be in- 
trusted with such privilege. 

§ 84. Steps to be taken to procure certificates.— 
Such person except officers of the New York State 
Museum, must pay to said persons or officers one dol- 
lar to defray necessary expenses attending the grant- 
ing of such certificate, and must file with said 
persons or officers a properly executed bond in the 
sum of two hundred dollars, signed by two re- 
sponsible citizens of the state as sureties. This bond 
shall be forfeited to the state and the certificate be- 
come void upon proof that the holder of such cer- 
tificate has killed any bird or taken the nest of eggs 
of any bird for other than the purposes above men- 
tioned. 

§ 85. Time for which certificates shall be in 
force.— Such certificates shall be in force for one year 
only from the date of their issue and shall not be 
transferable. 

ARTICLE v.* 

Fish. 
Section 100. Polluting streams. 

101. Taking fish by drawing off water for- 

bidden. 

102. Unlawful devices and explosives pro- 

hibited. 

103. Waters not to be stocked from stream^s. 

104. Fishing through the ice in waters in^ 

habited by trout, et cetera, forbidden. 

105. Trout; close season. 

106. Trout not to be taken unless six inches 

in length. 

*As amended by chap. 974 of the Laws of 1895. 



29 

Section 107. Trout, et cetera, not to be disturbed 
while spawning. 

108. Salmon trout and land-locked salmon; 

close season. 

109. Certain fish not to be transported. 

110. Black bass and Oswego bass, pickerel 

and wall-eyed pike in Saint Lawrence 
river; close season. 

111. Bass not to be taken less than eight 

inches in length. 

112. Muskallonge; close season. 

113. Salmon; close season. 

114. Salmon not to be taken less than 

eighteen inches in length. 

117. Sign-boards near fishways. 

118. Fishing near fishways prohibited. 

121. Salt-water striped bass. 

122. Striped bass; close season. 

§ 100. Polluting streams.— No dyestuff, coal tar, 
refuse from gas houses, sawdust, shavings, tanbark, 
lime or other deleterious or poisonous substances 
shall be thrown or allowed to run into any of the 
waters of this state, either private or public, in 
quantities destructive to the life of fish inhabiting 
the same. Whoever shall violate or attempt to vio- 
late the provisions of this section shall be deemed 
guilty of misdemeanor, and in addition thereto shall 
be liable to a penalty of one hundred dollars for each 
violation thereof. 

§ 101. Taking fish by drawing off water and by- 
other devices forbidden; exception.— No fish shall 
be taken by shutting or drawing off water for that 
purpose; provided, however, that the commissioners 
of fisheries, game and forest may give permission to 
persons owning or in charge of private pounds, reser- 
voirs or the waters of the state, the privilege of tak- 
ing therefrom carp, pickerel or other deleterious fish 



30 

with nets or other devices, or by drawing off the 
waters from said ponds or reservoirs. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of a misdemeanor and, 
in addition thereto, shall be liable to a penalty of one 
hundred dollars for each violation thereof, and ten 
dollars for each fish so taken. (As am'd by chap. 462 
of Laws of 1896.) 

§ 102. Unlawful devices and explosives prohib- 
ited. — The use of dynamite or other explosives in 
any of the waters of the state is prohibited except for 
mining and mechanical purposes. The possession by 
any person on the shores or islands of the inland 
waters of this state of dynamite or other explosives 
where the use of the same is prohibited by this sec- 
tion, shall be deemed a violation thereof. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of a misdemeanor 
and on conviction thereof shall be imprisoned for a 
period of not less than thirty days, and in addition, 
thereto shall be liable to a penalty of one hundred 
dollars for each violation thereof. 

§ 103. Waters not to be stocked from streams.— No 
trout of any kind, salmon trout or land-locked salmon, 
shall be taken from any of the waters of this state 
for the purpose of stocking a private pond or stream, 
except that the owner of such private pond may, 
upon the w^ritten consent of the fisheries, game, 
and forest commission, take any such fish from any 
stream of water running through premises owned by 
him, solely for the purpose of being placed in such 
private pond. Whoever shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of a misdemeanor, and, in addition thereto, 
shall be liable to a penalty of twenty-five dollars for 
each violation thereof, and ten dollars for each fish 
so taken. (As am'd by chap. 368 of Laws of 1896.) 



31 

§ 104 Fishing through, the ice in waters inhab- 
ited by trout, et cetera, forbidden.— No fish shall be 
fished for, caught or killed through the ice in any 
waters inhabited by trout, salmon trout or land- 
loclied salmon during the closed season for the tak- 
ing of such fish. The provisions of this section do 
not apply to Lake Ontario, Lake Erie, the Hudson 
and Niagara rivers, nor to Silver lake in the county 
of Wyoming, from the first day of January to the fif- 
teenth day of February, both inclusive. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor, 
and in addition thereto shall be liable to a penalty 
of twenty-five dollars for each violation thereof and 
ten dollars for each fish so caught or possessed. (As 
am'd by chap. 36^ of Laws of 1896.) 

§ 105. Trout; close season.— Trout of any kind shall 
not be fished for, caught, killed or possessed except 
from the sixteenth day of April to the thirty-first day 
of August, both inclusive, except as provided by sec- 
tion one hundred and sixty-six and in Spring Brook 
creek, situated in the counties of Monroe and Liv- 
ingston, trout shall not be fished for, caught, killed 
or possessed except from the twenty-ninth day of 
March to the thirty-first day of August, both in- 
clusive. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of misdemeanor and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each violation 
and ten dollars for each fish so caught or possessed. 
{As ain'd by chap. 150 of Laws of 1897.) 

§ 100. Trout of any kind less than six inches in 
length, shall not be intentionally taken or possessed, 
and in case any such fish is caught or taken, the 
person taking it shall immediately place such fish 



32 

back in the waters from which it was taken, with- 
out unnecessary injury. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of ten dollars for 
each fish so taken or possessed, (As am'd by chap. 
454 oi Laws of 1898.) 

§ 107. Trout, et cetera, not to be disturbed while 
spawning.— Trout of any kind, salmon trout or land- 
locked salmon shall not be willfully molested or dis- 
turbed while upon their spawning beds during the 
close season, nor shall such fish or any spawn or milt 
from any such fish be taken or carried away while 
upon the spawnin'g beds. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of twenty-five dol- 
lars for each fish so taken, possessed or carried away. 

§ 108. Salmon trout and land-locked salmon; close 
season.— Salmon trout, sometimes known as lake 
trout, and land-locked salmon, shall not be caught or 
killed in the inland waters of this state, except from 
the first day of May to the thirtieth day of Septem- 
ber, both inclusive; except that in the counties of 
Dutchess, Ulster, Sullivan, Orange, Rockland, Put- 
nam, Westchester and Richmond, land-locked salmon 
otherwise known as Ouananische, shall not be caught, 
fished for, killed or possessed except from the first 
day of April to the thirtieth day of June, both in- 
clusive; provided however that it shall be lawful 
to possess and sell at any time, salmon trout or land- 
locked salmon if said fish have not been taken from 
the inland waters of this state during the close 
season, but possession of such fish during such close 
season is forbidden and shall be deemed a violation 
of this section, unless proved by the possessor that 



33 

such fish were not caught in such inland waters dur- 
ing the close season. The provisions of this section 
shall not apply to Long Island. Whoever shall vio- 
late the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of twenty-five dollars, for each 
violation and ten dollars for each fish so caught, 
killed or possessed. {As am'd by chap. 93 of Laws of 
1898.) 

§ 109. Certain fish not to be transported.— Trout 
of any kind, salmon trout or land-locked salmon, 
caught in any of the inland waters of this state, shall 
not be transported to any point within or without the 
state from or through any of the counties thereof, or 
possessed for that purpose, except when accompanied 
by the owner. Possession thereof by a common car- 
rier or by any person in its employ then actually en- 
gaged in the business of such common carrier unac- 
companied by the owner shall constitute a violation 
of this section by such common carrier. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor 
and in addition thereto shall be liable to a penalty 
of twenty-five dollars for each violation and ten dol- 
lars for each fish so caught or possessed. 

§ 110. Black bass, Oswego bass, pickerel, pike or 
wall-eyed pike; close season.— Black bass or Oswego 
bass, shall not be fished for, caught, killed or pos- 
sessed except from the fifteenth day of June to the 
thirty-first day of December, both Inclusive, and shall 
not be fished for, caught or killed in Lake George or 
Schroon lake, except from the first day of August to 
the fifteenth day of December, both inclusive, and 
shall not be fished for, caught or killed in the Scho- 
harie river or in Foxes creek within three years from 
the thirty-first day of May, eighteen hundred and 
5 



34 

ninety-six, except in the month of August. Pickerel, 
pilie, or wall-eyed pilie, shall not be fished for, 
caught or killed or possessed except from the first 
day of May to the thirty-first day of January, both 
inclusive, except as provided in section one hundred 
and forty-one. Provided, however, that the commis- 
sioners of fisheries, game and forest shall have power 
to permit the taking or destruction of pickerel at any 
time in the waters inhabited by trout. The provisions 
of this section shall not apply to the Saint Lawrence 
between Tibbet's point lighthouse and the city of 
Ogdensburgh, Whoever shall violate or attempt to 
Tiolate the provisions of this section shall be deemed 
guilty of a misdemeanor and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
fish so caught, killed or possessed. Every person 
fishing in the Schoharie river or in Foxes creek, 
oi' in the waters of Lake George or in the 
T^^aters of Schroon lake, or having fish in his 
possession caught in either of said waters, shall 
whenever requested by any fish and game pro- 
tector, or by any sheriff, deputy sheriff, con- 
stable, game constable or police constable, permit 
such ofiicer to inspect and examine the fish taken by 
liim or in his possession or control or in the boat, 
basket, creel, lock-up, or other thing occupied or pos- 
sessed by him, and in case of his refusal to permit 
such Inspection or examination he shall be liable to 
a penalty of twenty-five dollars for each such refusal, 
and such ofl3cer making such request shall have 
power, and he is hereby authorized, without a search 
Avarrant, to at once proceed and make such inspec- 
tion and examination of said fish, boat, basket, creel, 
lock-up or other thing in his possession or control, 
and to use such force as may be necessary for such 
purpose. Such refusal, if in the open season in said 
waters, shall be presumptive evidence that such per- 
son so refusing had intentionally taken from said 



35 

waters, in said open season, and l^ept and not re- 
turned tliereto, one black bass less than eight inches 
in length, in violation of this article, and if the 
closed season in said waters, that he has taken one 
black bass from said waters during such closed 
season, in violation of the provisions of this section. 
{As am'd by chap. 109 of Lazvs of i8g8.) 

§ 111. Black bass not to be taken less than ten 
inches in length; number of catch prescribed. — 

No black bass less than ten inches in length, shall 
be intentionally taken from any of the waters of this 
state, nor possessed, and in case any such fish is 
taken, the person taking it shall immediately return 
it to the waters from which it was taken without 
unnecessary injury. No person shall take, catch, kill 
or possess more than twenty-four black bass of the 
size permitted by this article in any one day. Where 
two or more persons are fishing or angling from the 
same boat, the aggregate number of bass taken, 
caught, killed or possessed, by the occupants of said 
boat in any one day, shall not exceed thirty-six. 
The provisions of this section shall not apply to the 
Saint Lawrence river betw^een Tibbet's point light- 
house and the city of Ogdensburgh. Whoever shall 
violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of ten dollars for each fish 
so taken or possessed. (As am'd by chap. 407 of Lazvs 
of 1898.) 

§ 112. Muskallonge; close season.— Muskallonge 
shall not be fished for, caught or possessed, except 
from the thirtieth day of May to the last day of Feb- 
ruary, both inclusive. The provisions of this section 
shall not apply to the Saint Lawrence river between 
Tibbet's point lighthouse and the city of Ogdens- 
burgh. Whoever shall violate, or attempt to violate, 
the provisions of this section shall be deemed guilty. 



36 

of misdemeanor and in addition tliereto shall be liable 
to a penalty of twenty-five dollars for each violation 
and ten dollars for each fish so caught, killed or pos- 
sessed. (As am'd by chap. 531 of Laws of i8g6.) 

§ 113. Salmon; close season.— Salmon shall not be 
fished for, caught or killed between the fifteenth day 
of August and the first day of March following nor 
shall such fish taken between those dates in this State 
be possessed. Whoever shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
violation, and ten dollars for each fish so caught, 
killed or possessed. 

§ 114. No salmon, land-locked salmon or lake 
trout less than fifteen inches in length shall be 
intentionally taken alive from any of the waters 
of this state, nor possessed, and in case any such 
fish is caught or taken, the person taking it shall 
immediately place such fish back in the waters from 
which it was taken without unnecessary injury. 
Whoever shall violate or attempt to violate the pro- 
visions of this section shall be deemed guilty of a 
misdemeanor and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each violation 
and ten dollars for each fish so taken, killed or pos- 
sessed. {As am'd by chap. 454 of Laws of 1898.) 

§ 117. Signboards near fishways.— The commis- 
sioners of fisheries, game and forest are required to 
maintain, fifty rods from any fishway erected by the 
state, and on both sides of the stream, signboards 
containing substantially the following notice: 
" Fifty rods to the fishway; all persons are by law 
prohibited from fishing in this stream between this 
point and the fishway." The provisions of this sec- 
tion shall apply to public waters only. 



37 

§ 118. Fishing near fishways prohibited.— Fish- 
ing or attempting to take fish by any device what- 
ever, within fifty rods of such fishway, erected by 
the state, and any interference with the signboards 
there maintained by the commissioners of fisheries, 
game and forest, is forbidden. Wlioever shall vio- 
late or attempt to violate the provisions of this sec- 
tion shall be deemed guilty of misdemeanor and in 
addition thereto shall be liable to a penalty of twenty- 
five dollars for each violation and ten dollars for each 
fish so talien, liilled or possessed. 

§ 121. Salt-water striped bass.— No salt-water 
striped bass less than eight inches in length shall be 
intentionally talien from any of the waters of this 
State, nor possessed; and, in case any such fish is 
talien, the person so taking it shall immediately place 
such fish back into the water from which it was 
taken without unnecessary injui*y. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of 
twenty-five dollars for each violation and ten dollars 
for each fish so taken, killed or possessed. 

ARTICLE VI.* 

Miscellaneous Provisions. 

Section 130. Certain fish not to be placed in the 
waters of the Adirondacks. 

131. Saint Lawrence river, Niagara river and 

Lake Champlain, fishing by certain 
devices prohibited. 

132. Lake Ontario, Lake Erie, and Cat- 

taraugus creek, fishing by certain 
devices prohibited. 

•As amended by chap. 974 of the Laws of 1895. 



38 

Section 132a. Nets in Cliaumont bay and adjacent 
waters. 
134. Meshes of nets in Lakes Erie, Ontario 
and Cattaraugus creek. 

136. Taking shad, herring and other fish in 

the Hudson and Delaware rivers and 
other waters. 

137. Salmon taken in nets from the Hudson 

river to be thrown back. 

138. Richmond county and New York or 

Raritan bay; regulations as to nets. 

139. Nets not to be used in the Harlem river. 

140. Exceptions as to Saint Lawrence and 

Warren counties. 

141. Certain fish may be caught through the 

ice in lakes named. 
143. Eel-weirs. 

145. Taking minnows for bait. 

146. Size of meshes in Coney Island creek 

regulated. 

149. Frost fish and white fish may be taken 

with nets in certain lakes. 

150. Fishing with nets and other devices. 

151. Nets to be licensed. 

152. Thumping. 

153. Exceptions as to commissioners of fish- 

eries, game and forest. 

154. Fishing in Seneca lake. 

155. Fishing in Fall creek, Ithaca, prohib- 

ited. 

156. Fishing in Little river, in Albany 

county. 

157. Fishing in Lawrence brook, Franklin 

county. 
157. Special provisions as to Crystal lake in 
Albany county; close season for black 
bass in Crystal lake, town of Rens- 
selaerville, Albany county. New York. 



?9 

§ 130. Certain fish not to be placed in the waters 
of the Adirondacks.— No fish, fish fry, spawn or 
melt, except spreckled trout, brook trout, brown trout, 
salmon trout, raiubow trout, Adirondack frost fish 
or land-locked salmon, shall be placed in the waters 
of the Adirondack region except under the immediate 
supervision and in pursuance of a resolution of the 
commissioners of fisheries. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of five hundred 
dollars for each violation thereof. 

§ 131. Saint Lawrence river, Niagara river and 
Lake Champlain, fishing by certain devices pro- 
hibited.— No fish shall be fished for, caught or killed 
in any manner, or by any device except angling in 
the waters of the Saint Lawrence river, Niagara 
river, nor in Lake Champlain in this State, except 
that it shall be lawful to fish with seines, machines 
or traps in that portion of the waters of Niagara 
river adjacent to and included within the limits of 
the town of Lewiston, county of Niagara, for the 
purpose of catching fish of all kinds, except black 
bass, yellow pike, salmon trout, whitefish, pickerel 
and muskallonge, during the same months in the year 
in which it is lawful for a citizen of the Dominion 
of Canada to fish in like manner and for a like pur- 
pose in that portion of the waters of said river within 
said dominion adjacent or opposite to those herein last 
aforesaid; provided, however, that no such seine, 
machine or trap shall be used for fishing purposes 
without first obtaining a license to use the same from 
the commissioners of fisheries, game and forests, 
who, upon application of a person entitled thereto, as 
provided herein, may grant such license upon pay- 
ment of five dollars a year for each and every seine, 
machine or trap licensed. No license, however, shall 



40 

be granted to any person except citizens of the 
United States of America, and except that it shall be 
lawful to take bullheads, eels, suckers, catfish" and 
pike or pickerel in Lake Champlain, except during the 
months of March, April and May, and in the waters 
of Niagara river during the months of November, 
December, January and March it shall be lawful to 
take all fish excepting black bass and muskallonge 
with a seine, providing that permission so to do has 
been first obtained from the commissioners of fish- 
eries, game and forests, and fish taken contrary to 
the provisions of this section shall not be knowingly 
possessed. No fish shall be taken from the waters of 
Silver lake or the marshes adjoining such lake, by 
any means or device whatever, during the months of 
March and April. Whoever shall violate or attempt 
to violate the provisions of this act shall be deemed 
guilty of misdemeanor, and in addition thereto, shall 
be liable to a penalty of one hundred dollars for each 
violation thereof. (As am'd by chap. 783 of Lazvs of 
1896.) 

§ 132. Lake Ontario, Lake Erie and Cattaraugus 
creek, fishing by certain devices prohibited.— No 
fish shall be fished for, caught or killed in any man- 
ner or by any device except angling, in the waters 
of Lake Erie, within one-half of a mile of the shores 
thereof, or of any of the islands therein, nor in the 
Cattaraugus creek, or within five miles of the mouth 
thereof, or of any island therein; nor in Lake Ontario, 
within one mile of the shore, or of any island therein, 
nor within three miles of the mouth of the Niagara 
river, the waters of Lake Ontario in the county of 
Oswego, between the northerly line of the town of 
Mexico and Jefferson county line, are hereby exempt 
from the provisions of this act, but sections one hun- 
dred and ten and one hundred and eleven of this 
act shall apply to said waters. Fish taken contrary 



41 

to the provisions of this section shall not be know- 
ingly possessed. Whoever shall violate or attempt 
to violate the provisions of this section shall be 
deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of one hundred 
dollars for each violation thereof. {As am'd by chap. 
401 of Laws of 1898.) 

§ 132a. Nets in Chaumont bay and adjacent 
waters.— The waters and bays of Lake Ontario, in 
the county of Jefferson, within one mile of the shore, 
between Horse island, in the town of Hounsfield, 
and the town line between the towns of Lyme and 
Cape Vincent, except the waters within one mile 
of Stony island or of the Galloup islands, are so far 
excepted from the provisions of this act as to per- 
mit the taking of fish by nets therein from October 
first to April thirtieth. Provided that no net shall 
be set until license therefor has been granted by the 
commissioners of fisheries, game and forest, which 
shall be granted, except as hereinafter provided, on 
the execution of a satisfactory bond to be approved 
by said commissioners,- conditioned for the payment 
to the people of the state of the sum of one hundred 
dollars if the holder of the license shall violate any 
of the provisions of this section as to black and 
Oswego bass and muscallonge while the license is 
in force. The license fee shall be one dollar for a 
net, and a single license may be for five nets. All 
black and Oswego bass and muscallonge caught in 
nets set pursuant to this section shall be immediately 
returned to the water alive, and without unneces- 
sary injury. No license shall issue to any person 
who shall have been convicted under this section or 
whose bond shall have been adjudged to be for- 
feited. Except as herein provided the use of nets in 
said waters is hereby prohibited. Whoever shall vio- 
late or attempt to violate the provisions of this sec- 
(i 



42 

tion shall be deemed guilty of a misdemeanor and 
in addition thereto shall be liable to a penalty of 
one hundred dollars for each violation thereof. 

{Added by chap. 401 of Lazvs of i8g8.) 

§ 133. Fishing in certain waters in Warren county. 
— No person or persons shall attempt to fish, catch 
or attempt to catch fish of any kind in any manner or 
with any device whatever in or from any of the fol- 
lowing named waters, viz.: East brook and West 
brook, or from any of the tributaries of said East 
brook or to said West brook, in the town of Caldwell, 
Harris or Edmund brook, Indian brook and Finkle 
brook in the town of Bolton, Warren county, at any 
time within two years after the passage of this act. 
No person or persons shall fish or attempt to fish in 
any manner or with any device in or from the waters 
of Lake George or in or from Glen lake or from any 
of the tributaries of said lakes in Warren county, any 
pike-perch or any great northern pike, between the 
first day of January and the fifteenth day of June in 
each year, or bull-heads, between the first day of Jan- 
uary and the first day of July of each year, nor black 
bass or Oswego bass from any of the waters in the 
town of Horicon, between the first day of January 
and the tenth day of July of each year. Provided, 
however, that perch may be caught by angling in the 
waters of Lake George at any time. Whoever shall 
violate or attempt to violate any of the provisions 
of this section shall be deemed guilty of a mis- 
demeanor and in addition thereto shall be liable to 
a penalty of fifty dollars for each violation and ten 
dollars for each fish caught, killed or possessed con- 
trary to any of the provisions of this section. {Added 
by chap. 250 of Laws of 189/.) 

§ 134. Meshes of nets used in Lakes Erie and 
Ontario and Cattaraugus creek.— The meshes of 
nets used in Lake Erie and Lake Ontario and 



43 

Cattaraugus creek shall not be less than one and one- 
eighth inch bar. It shall be lawful for fishermen 
holding license from the fisheries, game and forest 
commission to fish with nets in said lakes, to hang 
or reel the said licensed nets for the purpose of 
cleaning and drying, on the shores of said lakes, or 
on the shores of any island therein, or on the sliores 
of any of the harbors of said lakes or of any island 
therein. Whoever shall violate or attempt to violate 
the provisions of this section shall be guilty of mis- 
demeanor and in addition thereto shall be liable to 
a penalty of one hundred dollars for each violation 
thereof. (As amd by chap. 330 of Laws of i8g7.) 

§ 136. Taking shad, herring and other fish in the 
Hudson and Delaware rivers, and other waters.— 
Except as herein provided, shad, herring and other 
fish shall not be taken from the Hudson and Delaware 
rivers or Eondout creek with nets of any kind. Be- 
tween the fourteenth day of March and the fifteenth 
day of June, shad and herring may be taken from said 
waters by nets to be operated by hand only; and 
from the Catskill creek below Cook's dam, so called, 
by means of scoop-nets, dip-nets and scap-nets; but 
said nets shall not be set, placed nor drawn nor fish 
taken therefrom between sunset on Friday night 
and sunrise on Monday morning, unless by reason 
of the inclemency of the weather said nets cannot 
be drawn prior to sunset on Friday night, in which 
case it shall be lawful to take fish therefrom as soon 
as the weather will permit on Saturday, and be- 
tween the first day of September and the thirtieth 
day of May following, bullheads, catfish, suckers, eels, 
pickerel, sturgeon, white and yellow perch, carp and 
sunfish may be caught by means of hoop-nets, fykes, 
dip-nets, scap-nets, and gill-nets, in the Hudson 
river, Wallkill creek, in Rondout creek below the 
dam at Eddyville, in Wappingers creek, in the Ten 



44 

Mile river in the town of Dover, and in Catskill 
creek below Cook's dam, so called, by means of scoop- 
nets, dip-nets and scoop-nets. Nets shall not be set or 
used north of the dam at Troy. Between June first 
and September first sturgeon may be taken in the 
waters of the Hudson river with sturgeon nets of not 
less than eleven inches mesh. Nothing in this section 
shall be construed to prohibit the catching of fish with 
hook and line in Rondout creek at any time. Who- 
ever shall violate or attempt to violate any of the pro- 
visions of this section shall be deemed guilty of 
misdemeanor and in addition thereto shall be liable 
to a penalty of fifty dollars for each violation thereof. 
{As am'd by chap. 461 of Laws of i8g8.) 

§ 138. Richmond county and New York or Raritan 
bay; regulations as to nets.— No device, except 
angling, shall be placed, drawn or used, for the capture 
of any fish except menhaden in the waters of Raritan 
bay nor in any waters adjacent thereto in Richmond 
county, except that shad may be taken by shad nets 
between the fifteenth day of March and the fifteenth 
day of June, both inclusive. Whoever shall violate 
or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor, and in addi- 
tion thereto shall be liable to a penalty of one hun- 
dred dollars for each violation thereof. {As am'd by 
chap. 139 of Laws of 1898.) 

§ 139. Nets not to be used in the Harlem river.— 
Nets, set nets, pounds or fykes shall not be used in 
Harlem river, or East river, or Long Island sound 
from Hell Gate to the northern boundary line of the 
present City of New York, including all adjacent 
bays, creeks and confluent brooks within said limits. 
This section shall not apply to nets used for catch- 
ing lobsters or crabs in said waters. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor, and 



45 

in addition thereto shall be liable to a penalty of 
"one hundred dollars for each violation thereof. (As 
am'd by chap. 462 of Laws of i8g8.) 

§ 140. Exceptions as to Saint Lawrence and War- 
ren counties.— It shall be lawful to fish at any time 
for perch, suckers and bullheads, and to spear such 
fish through the ice in any of the streams, ponds 
or lakes in Warren county, excepting that in Schroon 
lake. Long pond or Glen lake and Lake George, 
the use of spears is forbidden. No fish of any 
kind, except suckers and billfish or garpikes, shall 
be caught in Black lake, in Saint Lawrence county, 
or in waters tributary to said lake, or in the Oswe- 
gatchie river, from the boundaries of the city of 
Ogdensburg to the village of Heuvelton, except from 
the first day of May to the fifteenth day of Novem- 
ber, both inclusive. Nothing herein contained shall 
be construed as prohibiting the catching of fish by 
angling at any time, nor the use of tip-ups in fishing 
through the ice, in the waters of Black lake, in Saint 
Lawrence county. No transportation company in Saint 
Lawrence or Jefferson counties shall transport any 
fish caught contrary to the provisions of this section, 
and when fish, at any time, are offered such company 
for transportation, they may at their option refuse to 
accept the same until satisfactory proof is furnished 
that they were not caught in violation of law. Pos- 
session thereof by a common carrier, or by any person 
in its employ then actually engaged in the business 
of such common carrier, unaccompanied by the owner, 
shall constitute a violation of this section by such 
common carrier. Whoever shall violate or attempt 
to violate the provisions of this section shall be guilty 
of a misdemeanor and in addition thereto shall be 
liable to a penalty of one hundred dollars for each 
violation thereof. {As am'd by chap. 600 of Laws of 
1898.) 



46 

§ 141. Certain fish may be caught through the ice 
in lakes and waters named. — Pickerel, bullheads, 
catfish, eels, perch, and sunfish may be fished for 
through the ice with hooks and line, or tip-ups, in 
Lake Keuka or Crooked lake, in Queechey lake, in 
Conesus lake, in any waters in Sullivan county not 
inhabited by brook trout and in any other waters 
of the state not inhabited by trout, lake trout, sal- 
mon trout, black or Oswego bass, or laud-locked 
salmon or muscallonge, except in the waters of the 
town of Smithville, in Chenango county, and by set 
lines in the Susquehanna river and in the Chenango 
and Unadilla rivers and their tributaries in Che- 
nango county. Suckers, bullheads, eels and dog-fish 
may be caught from December first to May fifteenth 
by the means of hooking in Oneida lake, Oneida 
river, Onondaga lake, and in the waters of Cort- 
land, Tioga, Broome, Chenango and Otsego counties, 
in the Delaware and Charlotte rivers in the counties 
of Delaware and Sullivan, in the Schoharie river and 
its tributary streams in Schoharie county, and by 
spearing in the Delaware river in Delaware county 
from April first to October first. Suckers, bullheads 
and eels may be caught in Seneca lake and in the 
Chenango river and its tributaries in Chenango 
county, with seines four rods in length and meshes 
not to be less than one and one-fourth inches in 
size, with rope for hauling not to be more than thirty 
feet in length at each end of net provided that per- 
mission so to do has first been obtained from the 
commissioners of fisheries, game and forests. {As 
atn'd by chap. 400 of Lazi'S of 1898.) 

§ 142. Fishing through ice in certain lakes; set 
lines in Canandaigua lake.— No fish shall be fished 
for, caught or killed in any manner or by any de- 
vice except angling in the waters of Canandaigua 
lake, except as herein provided. It shall be lawful 



47 

to fish with set lines, no line to exceed six hundred 
ftet in length, one end thereof to be attached at the 
shore, in the waters of Canandaigna lake, no person 
to own or operate more than two lines. Pickerel, 
pike, perch and bullheads may be fished for through 
the ice with hooks and lines, tip-ups or bobs in 
Honeoye lake, Canadice lake, C'onesus lake, and Loon 
lake in Steuben county. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of a misdemeanor and in addition 
thereto shall be liable to a penalty of one hundred 
dollars for each violation thereof. {As aui'd by chap. 
^56 of Lazvs of 1S98.) 

§ 143. Eel weirs.— Eel weirs of which the laths are 
not less than one inch apart, may be maintained at 
any time in any of the waters of this state not in- 
habited by trout, lake trout, salmon trout, or land- 
locked salmon, except in the Chemung river and its 
tributaries in the counties of Steuben and Chemung, 
and except in waters in Cayuga county, and except 
in the Susquehanna river; provided, that there be 
a clear passage at low water mark at some point 
in said weir of not less than ten feet in width for 
the passage of boats and fish. Eel pots of a form 
and character such as may be prescribed by the 
rules of the commissioners of fisheries, game and 
forest, may be used in any waters not inhabited by 
trout, lake trout, salmon trout, or land-locked sal- 
mon. Except as herein provided the use of eel weirs 
and eel pots, in any waters of the state is prohibited. 
Whoever shall violate or attempt to violate the 
provisions of this section shall be deemed guilty of 
misdemeanor, and in addition thereto shall be liable 
to a penalty of sixty dollars for each and every eel 
weir or eel pot built or maintained in violation of 
this section, and ten dollars for each fish caught 
therein in violation of this section. The provisions 



48 

of this section shall not apply to Long Island. {As 
am'd by chap. 405 of Laws of J8g8.) 

§ 145. Taking minnows for bait.— The provisions 
of this act prohibiting the use or placing of nets and 
certain other devices in waters of the state shall not 
apply to taking minnows for bait, but nets for that 
purpose must not exceed forty feet in length and four 
feet in depth, with ropes at either end for hauling not 
exceeding thirty feet in length. This section shall 
not authorize the placing or use of nets or any other 
devices of a kind used for catching fish in streams 
inhabited by trout, nor the taking of trout by means 
of nets or other devices except angling in any waters. 
If any black bass, Oswego bass, muscallonge, great 
northern pike, sometimes called pickerel, wall-eyed 
pike, or whitefish or minnows thereof are taken in 
nets used for catching minnows for bait, they shall 
be returned to the water at once without injury. 
Whoever shall violate or attempt to violate the pro- 
visions of this section by placing, drawing, using or 
maintaining any device of any kind in streams in- 
habited by trout whereby fish can be taken other than 
that of angling, which shall mean by hook and line 
or rod held in hand, shall be deemed guilty of mis- 
demeanor and in addition thereto shall be liable to a 
penalty of one hundred dollars for each violation 
thereof and five dollars for each and every fish 
caught, killed or possessed, taken contrary to the 
provisions of this section. {As am'd by chap. 326 of 
Laws of 1897.) 

§ 146. Size of meshes in Coney Island creek 
regulated.— The meshes of nets used in Coney Island 
creek to the mouth thereof, extending out into 
Gravesend bay one-half mile each way, shall not be 
less than four inches square, except that for eel and 
flounder fishing hoop-nets with suitable meshes may 
be used within said bay from the fifteenth day of 



49 

October to the thirty-first day of March following, 
both inclusive. Whoever shall violate or attempt to 
violate the provisions of this section shall be guilty of 
misdemeanor and in addition thereto shall be liable 
to a penalty of twenty-five dollars for each violation 
thereof. 

§ 149. Frost fish and white fish may be taken with 
nets in certain waters. — Frost fish and white fish may 
be talien from the waters of Otsego lake in the county 
of Otsego, from the first day of May to the thirty- 
first day of August, both inclusive, with seines hav- 
ing meshes not less than one and three-quarter 
inch bar; provided, however, that such fishing with 
seines shall only be done in the daytime, between 
sunrise and sunset, and pickerel may be taken 
through the ice in said lake, by tip-ups or set lines; 
and frost fish, white fish or Oswego bass, lake trout, 
perch, eels and pickerel may be taken from the 
waters of said lake by rod and reel or by hook and 
line held in the hand from the first day of January to 
the thirty-first day of October, both inclusive. Frost 
fish, white fish, catfish, sunfish, pumpkin seeds, bull- 
heads, perch, suckers and sturgeon may also be 
taken with nets from inland lakes not inhabited by 
brook trout during such period, and in such manner 
and under rules and regulations as the commissioners 
of fisheries, game and forest may prescribe, which 
rules and regulations may be amended or abrogated 
at any time. Such rules may be either general or 
special at the option of the commissioners and may be 
published in such manner as they may deem proper. 
Whoever shall violate or attempt to violate such 
rules and regulations or the provisions of this section 
shall be deemed guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of one hun- 
dred dollars for each violation thereof. (As anCd by 
chap. 600 of Laws of 1898.) 
7 



50 

§ 150. Fishing with nets and other devices.— Fish- 
ing with nets, seines, fykes, dip-nets or other devices 
except angling or placing, drawing or using the same 
in any of the rivers, lakes and inland waters of this 
state is prohibited except as permitted by this act, 
and except where otherwise provided. The meshes 
of all nets, seines, fykes and dip-nets which may 
be lawfully used shall in no case be less than one and 
one-eigbth-inch bar. Whoever shall violate or at- 
tempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of one hundred 
dollars for the first violation thereof and two hundred 
dollars for each subsequent violation thereof. 

§ 151. Nets to be licensed.— It shall be the duty 
of the board of commissioners of fisheries, game and 
forest to prescribe rules and regulations for the pur- 
pose of granting all licenses to seines, fykes and nets 
in water when specially permitted by this act, other 
than dip-nets, scap-nets, and nets used for taking 
minnows for bait and to cause a duly authenticated 
copy of the same to be filed in the ofiice of the sec- 
retary of state, and it shall be the duty of the secre- 
tary of state to print such rules and regulations in 
the volume of session laws foi- the current year. Such 
rules and regulations shall take effect on the first day 
of September, eighteen hundred and ninety-five, and 
thereafter fishing with seines, fykes, and nets other 
than scap-nets, dip-nets and nets used for catching 
minnows for bait, without a license having been ob- 
tained therefor in accordance with such rules and 
regulations, is prohibited. Whosoever shall violate 
or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of one hundred 
dollars for each violation thereof. The provisions 
of this section shall not apply to the salt waters of 
the state. 



51 

§ 152. Thumping.— Sailing, rowing, pushing or 
-floating in any boat or vessel or any waterway, run 
or channel in which the waters are too deep to draw a 
seine in the usual way, or patroling the banks of such 
waterway, run or channel and at the same time 
stamping, jumping, shouting, pounding, beating, or 
splashing the waters, beating or pounding the banks, 
waters or boats while a seine is set, drawn, held or 
floated at either end of such waterway, run or chan- 
nel or the sides thereof with intent to frighten the 
fish out of the deep waters into such seine and gen- 
erally^ known as thumping, is forbidden. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of misdemeanor 
and in addition thereto shall be liable to a penalty of 
fifty dollars for each violation thereof. 

§ 153. Exceptions as to commissioners of fisheries, 
game and forest. — The provisions of this act shall 
not be so construed as to prevent the commissioners 
of fisheries, game and forest, or persons in their em- 
ploy and under their direction from taking fish with 
nets at such times and in such manner as they may 
direct for the purpose of the artificial propagation 
of fish. 

§ 154. Fishing in Seneca lake.— It shall be lawful 
to fish in waters of Seneca lake with nets or seines, 
the meshes of which shall not be less than a two- 
inch bar, from the fifteenth day of April to the fif- 
teenth day of August both inclusive. It shall also 
be lawful to fish with spears in the waters of Seneca 
lake for all fish, except black bass, from the fifteenth 
day of April to the fifteenth day of June, both in- 
clusive. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of a misdemeanor and in addition thereto shall be 
liable to a penalty of fifty dollars for each violation 
thereof. {Added by chap. 66o of Lazus of 1S96, and amd 
by chap. 455 of Laivs of 1898.) 



52 

§ 155. rishing in Fall creek, Ithaca, prohibited.— 
No person shall kill, catch or remove, or attempt to 
kill, catch or remove, any fish by any means or de- 
vice whatsoever, at any time, in or from that portion 
of Fall creek betM^een Lake street bridge in the city 
of Ithaca and the Ithaca falls, including the pool at 
the foot of the falls. Whosoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of a misdemeanor and in addition 
thereto shall be liable to a penalty of ten dollars for 
each attempt, and an additional penalty of ten dol- 
lars for each fish so caught, killed, or removed. 
{Added by chap. 94 of Laws of i8g8.) 

§ 156. Fishing in Little river, in Albany county. — 
The taking of fish in any manner other than by 
angling in Little river between the city of Water- 
vliet and Lagoon Island in the county of Albany, 
or from any brooks emptying therein, is prohibited. 
Whoever shall violate or attempt to violate the pro- 
visions of this section is guilty of misdemeanor, and 
in addition thereto shall be liable to a penalty of 
fifty dollars for each violation thereof. {Added by 
chap. 107 of Laws of 1898.) 

§ 157. Fishing in Lawrence brook, Franklin 
county.— No fish shall be fished for, caught or killed 
in any manner or by any device in Lawrence brook 
or its tributaries, in the towns of Moira and Dick- 
inson in the county of Franklin, for a period of five 
years from the first day of June, eighteen hundred 
and ninety-eight, except that suckers may be fished 
for and caught with snares only. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty of misdemeanor and 
in addition thereto shall be liable to a penalty of 
twenty-five dollars for each violation thereof. {Added 
by chap. 460 of Laws of 1898.) 



53 

§ 157. Special provision as to Crystal lake in 
Albany county; close season for black bass in 
Crystal lake, town of Rensselaerville, Albany 
county, New York.— Black bass shall not be fished 
for, caught, killed or possessed in Crystal lake, town 
of Rensselaerville, Albany county, New York, within 
two years from the fifteenth day of June, eighteen 
hundred and ninety-eight. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each violation and ten dollars for each 
bass caught, killed or possessed in violation of this 
section. (Added by chap. 452 of Laws of 1898.) 

§ 158. It shall be lawful to spear bullheads, suck- 
ers and eels in the waters of Lake Ontario in the 
towns of Ellisburgh, Henderson, Houndsfield and 
Brownville, in Jefferson county, at any time. {Added 
by chap. 407 of Laws of 1898.) 

ARTICLE VII.* 

Special Provisions as to Kings, Queens and Suffolk 
Counties and Long Island Sound. 

Section 160. Article to apply to Kings, Queens and 
Suffolk counties and Long Island 
sound only. 

161. Close season for wild fowl. 

162. Exception as to wild fowl. 

163. Plover and other birds; close season. 

164. Woodcock and grouse; close season. 

165. Bobbins and Gardiners islands. 

166. Trout; close season. 

167. Salmon trout and land-locked salmon; 

close season. 



*As amended by chap. 974 of the Laws of 1895. 



54 

Section 1G8. Black bass; close season. 

169. Hares and rabbits. 

' lip. Deer 

171. Black and gray squirrels. 

■v- 172. Jamaica bay. 

173. Supervisors of Suffolk county; powers 

, conferred. 

174. Destroying or robbing nests. 

175. Meadow hens and other birds; close 

season. 

§ 160. Article to apply to Kings, Queens and Suf- 
folk counties and Long Island sound only. — This 
article applies exclusively to the counties of Kings, 
Queens and Suffolk and Long Island sound. 

§ 161. Close season for wild fowl.— Web-footed 
wild fowl shall not be shot at, hunted, killed or pos- 
sessed from the first day of May to the thirtieth day 
of September, both inclusive, nor shall the same be 
pursued, shot at, hunted or killed between sunset 
and daylight; nor shall the same be pursued, shot 
at, hunted, killed or caught in any way, save with 
gun raised at arm's length and fired from the shoul- 
der without other rest; nor from any boat other than 
a boat propelled by hand or floating device, except 
as provided in section one hundred and sixty-two, 
such fowls caught or killed in any manner prohib- 
ited by this section shall not be brought to the shore, 
sold or possessed. Whoever shall violate or attempt 
to violate the provisions of this section, shall be 
deemed guilty of a misdemeanor and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each bird killed, trapped, netted, or pos- 
sessed contrary to the provisions of this section. (As 
am'd hy chap. 457 of Laws of 1898.) 

§ 162. Exception as to wild fowl.— Except as 
herein provided, the use of floating devices in hunt- 



55 

iug web-footed wild fowl on Long Island and waters 
adjacent thereto is prohibited. Floating devices may- 
be used for the purpose of shooting web-footed wild 
fowl therefrom in Long Island sound, Great South 
bay west of Smith's point, Shinnecock and Peconic 
bays, and in any part of said counties said birds 
may be pursued and killed from boats propelled by- 
hand, and from any sailboats in Long Island sound, 
Gardiner and Peconic bays. Whoever shall violate 
or attempt to violate the provisions of this section 
shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of 
twenty-five dollars for each bird killed or possessed 
contrary to the provisions of this section. (As am'd 
by chap. 44() of Laws of i8g8.) 

§ 163. Plover and other birds; close season.— 
Plover, curlew, jack snipe, bittern, Wilsons, com- 
monly known as English snipe, yellow legs, Killdeer, 
Willet snipe, dowitcher, short-necks, rail, sandpiper, 
baysnipe, surf snipe, winter snipe, ring-necks, and 
oxeyes shall not be shot at, hunted, killed or pos- 
sessed, except from the first day of July to the thirty- 
first day- of December, both inclusive. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be deemed guilty ol misdemeanor and 
in addition thereto shall be liable to a penalty of 
twenty-five dollars for each bird killed, trapped or 
possessed contrary to the provisions of this section. 

§ 164. Woodcock and grouse; close season. — Ruffed 
grouse, commonly known as partridge, or any mem- 
ber of the grouse family or meadow larks shall not 
be hunted, shot at or killed from the first day of 
January to the thirty-first day of October, both in- 
clusive. Woodcock shall not be hunted, shot at or 
killed from the first day of January to the thirty-first 
day of July, inclusive. Nor shall either of such birds 



56 

be possessed, dead or alive, or sold after the thirty- 
first day of January until the end of the close season 
for such birds respectively. Possession thereof dur- 
ing the month of January is forbidden and shall be 
deemed a violation of this section, unless it be proved 
by the possessor or seller that said birds were l^illed 
within the lawful period for killing the same or out of 
this state. Whoever shall violate or attempt to vio- 
late the provisions of this section shall be deemed 
guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of twenty-five dollars for each 
bird killed, trapped or possessed contrary to the pro- 
visions of this section. 

§ 165. Robbins and Gardiners island. — Quail may 
be shot on Robbins island so long as it remains the 
property of the Robbins Island club, and on Gardiners 
island, from the fifteenth day of October to the thirty- 
first day of January following, both inclusive, and 
woodcock may be shot on such islands from the 'first 
day of August to the thirty-first day of December, 
both inclusive. Whoever shall violate or attempt to 
violate the provisions of this section shall be deemed 
guilty of misdemeanor. 

§ 166. Trout; close season.— Trout shall not be 
fished for, caught, killed or sold as food except from 
the twenty-ninth day of March to the thirty-first day 
of August, both inclusive. But trout so caught or 
killed under the provisions and limitations of this 
article, between the twenty-ninth day of March and 
the sixteenth day of April, may be sold anywhere in 
the city of New York and Long Island. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be deemed guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty 
of twenty-five dollars for each violation thereof and 
ten dollars for each fish so caught. (As anid by chap. 
151 of Lazvs of 1897.) 



67 

§ 167. Salmon trout and land-locked salmon; close 
season.— Salmon trout aud land-locked salmon shall 
not be fished for, caught, killed or possessed except 
from the first day of April to the thirtieth day of Sep- 
tember, both inclusive; provided, however, that it 
shall be lawful to possess and sell at any time salmon 
trout if said fish have not been taken from the inland 
waters of this state during the close season, but pos- 
session of such fish during such close season is for- 
bidden and shall be deemed a violation of this sec- 
tion, unless it be proved by the possessor that such 
fish were not caught in such inland waters during 
the close season. Whoever shall violate or attempt 
to violate the provisions of this section shall be 
deemed guilty of misdemeanor and in addition thereto 
shall be liable to a penalty of twenty-five dollars 
for each violation thereof and ten dollars for each fish 
so caught. 

§ 168. Black bass; close season.— Black bass shall 
not be fished for, caught, killed or possessed except 
from the thirtieth day of May to the thirty-first day 
of December, both inclusive. Whoever shall violate 
or attempt to violate the provisions of this section 
shall be deemed guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of twenty- 
five dollars for each violation thereof and ten dollars 
for each fish so caught. 

§ 169. Hares and rabbits.— Hares and rabbits shall 
not be shot at, hunted, killed or possessed, except 
from the first day of November to the thirty-first day 
of December, both inclusive. The use of ferrets in 
the hunting of rabbits is hereby prohibited. Who- 
ever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of misdemeanor 
and in addition thereto shall be liable to a penalty 
8 



58 

of twenty-five dollars for each animal killed, trapped 
or possessed contrary to the provisions of this section. 

§ 170. Beer.— Shooting at, hunting with dogs or 
otherwise, or liilling deer is prohibited, except during 
each Wednesday in the month of November in each 
year. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of misdemeanor and in addition thereto shall be liable 
to a penalty of one hundred dollars for each violation 
thereof. {As am'd by chap. 144 of Laws of i8g6.) 

§ 171. Black and gray squirrels.— Black and gray 
squirrels shall not be hunted, shot at, killed or pos- 
sessed except from the first day of November to the 
thirty-first day of December, both inclusive. Whoever 
shall violate or attempt to violate the provisions of this 
section shall be guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of twenty- 
five dollars for each animal killed or possessed con- 
trary to the provisions of this section. 

§ 172. Jamaica Bay and adjacent waters.— No fish 
shall be fished for, caught or killed in any manner 
or by any device except angling in the waters of 
Jamaica Bay. Flatlands Bay, Grassy Bay, or in any 
of the waters adjacent to said bays and opening into 
the ocean through Rockaway Inlet or other inlets to 
said bays; and nets shall not be placed in said waters 
for any purpose. The inlets from the ocean to Ja- 
maica Bay, Flatlands Bay or Grassy Bay shall not 
be obstructed by any net or device at any time so 
as to prevent the passage of fish. Angling shall be 
lawful in said bays every day of the year. This sec- 
tion does not prevent the catching of eels by the use 
of spear or eel-weir; or the capture of minnows or 
shrimp for bait by means of hand nets which shall 
not exceed forty feet in length and four feet in depth 
nor the taking of refuse or debris from said waters 



69 

with nets, the meshes of which shall not be less 
in size than six inch bar. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each violation thereof, and ten dollars 
for each fish so caught in violation of this section. 
{As am'd by chap. g2 of Laws of i8g8.) 

§ 173. Supervisors of Queens and Suffolk counties; 
powers conferred.— The boards of supervisors of the 
counties of Queens and Suffolk shall, in addition to 
the powers herein conferred upon boards of super- 
visors, have power to pass rules, regulations, laws 
and ordinances permitting, regulating, controlling or 
prohibiting the taking of fish and shellfish from or in 
the salt water of either of such counties. {As am'd 
by chap. 975 of Laws of 1896.) 

§ 174. Destroying or robbing nests.— The nests of 
wild birds known as meadow hens or mudhens, the 
robbing of which is commonly called egging, shall not 
be robbed or needlessly or willfully destroyed at any 
time. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of misdemeanor and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each 
violation thereof. 

§ 175. Meadow hens and other birds; close season. 
— Meadow hens, mud hens, gallinule or water 
chickens and grebe shall not be shot at, hunted, killed 
or possessed from the thirty-first day of December 
to the fifteenth day of August, both inclusive. Who- 
ever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of misde- 
meanor, and shall in addition thereto be liable to a 
penalty of twenty-five dollars for each violation 
thereof. {As am'd by chap. 132 of Laws of 1898.) 



60 

ARTICLE VIII.* 
Shell Fish. 

Section 180. State oyster protector. 

181. Salary and traveling expenses. 

182. Assistant to protector. 

183. Salaries, how paid. 

184. Polluting waters. 

185. Garbage, et cetera, not to be thrown into 

Long Island sound. 

187. Taking oysters from Hudson river for 

replanting. 

188. Close season in Harlem river. 

189. Oyster beds protected. 

190. Nonresidents not to gather shellfish. 

191. Dredging and raking for oysters and 

clams regulated. 

192. Sale of lobsters under certain size pro- 

hibited. 

193. Oysters, how sold, in shell. 

194. Taking clams and oysters about Staten 

Island regulated. 

195. Taking oysters in South bay regulated. 

197. Leases for cultivation of shellfish. 

198. Limitation of preceding section. 

190. Franchises for cultivation of shellfish 
in Long Island sound, in Suffolk 
county. 

§ 180. State oyster protector.— The commissioners 
are authorized • to appoint a state oyster protector, 
whose duty It shall be to patrol, under the direction 
of the commissioners, the oyster regions of the state 
for the purpose of enforcing the provisions of this act 
and guarding the shellfish property thereof, who shall 
have the same powers and duties with reference to 

*As amended by chap. 974 of the Laws of 1895. 



61 

shellfish as given by law to game and fish protectors 
and foresters for the protection of fish, game and 
forests. 

§ 181. Salary and traveling expenses. — The salary 
of such protector shall be one thousand dollars per 
annum, and he shall be allowed in addition to his 
actual traveling and incidental expenses not exceed- 
ing seven hundred and fifty dollars per year. 

§ 182. Assistant to protector.— The commissioners, 
in their discretion, shall allow such protector an 
assistant, who shall be paid at the rate of two dollars 
and fifty cents per day for the time of actual ser- 
vice, together with his actual traveling and incidental 
expenses not exceeding five hundred dollars per year. 

§ 183. Salaries, how paid.— The protector and his 
assistant shall be paid their salaries and expenses in 
the same manner as game, fish and forest protectors 
are paid. 

§ 184. Polluting- waters.— Sludge, acid and other 
refuse from any oil works, or sugarhouses, or from 
buildings connected with either of the same, or any 
substance injurious to oyster culture shall not be 
placed or allowed to run into any waters within the 
jurisdiction of the state. This section shall not apply 
to refuse arising from the manufacture of oil from 
menhaden or other oil-bearing fish. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be guilty of misdemeanor and in addi- 
tion thereto shall be liable to a penalty of one hun- 
dred dollars for each violation thereof. 

§ 185. Garbage, et cetera, not to be thrown into 
Long Island sound.— No garbage, cinders, ashes or 
refuse of any kind shall be thrown from any vessel 
into the waters of Long Island sound or into the bays 
and harbors opening into the same, west of a line 



«2 

drawn from Old Field Point due north to the bound- 
ary line between New York and Connecticut and 
within two miles of the shore, and no starfish sliali 
be thrown into any waters of the state. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be guilty of misdemeanor and in 
addition thereto shall be liable to a penalty of one 
hundred dollars for each violation thereof. 

§ 187. Taking oysters from Hudson river for re- 
planting.— Oysters shall not be taken from the Hud- 
son river north of the county of New York at any 
time for the purpose of conveying them to another 
State to have them replanted. Whoever shall violate 
or attempt to violate the provisions of this section 
shall be guilty of misdemeanor and in addition 
thereto shall be liable to a penalty of twenty-five 
dollars for each violation thereof. 

§ 188. Close season in Harlem, river. — Oysters shall 
not be taken from the Harlem river between the 
thirty-first day of May and the first day of Septem- 
ber. Whoever shall violate or attempt to violate the 
provisions of this section shall be guilty of misde- 
meanor and' in addition thereto shall be liable to a 
penalty of twenty-five dollars for each violation 
thereof. 

§ 189. Oyster beds protected.— Subd. 1. No person 
shall fish for, take or catch any oysters or 
hard clams between half an hour after sunset and 
half an hour before sunrise, except in the waters of 
Kill von Kull and the Arthur Kill. No person shall 
in any wise interfere with, take, disturb or carry 
away the oysters of another lawfully planted or 
cultivated in any of the waters of the state, or 
remove any stakes or buoys or any boundary marks 
of any planted or cultivated beds. The presence of 
any person on said beds with dredges or tongs over- 



63 

board shall be considered prima facie evidence of 
guilt. Whoever shall violate or attempt to violate 
the provisions of this subdivision shall be guilty of 
a misdemeanor and in addition thereto shall be liable 
to a penalty of one hundred dollars for each violation 
thereof. 

2. All sheriffs, deputy sheriffs and constables, 
shall, and any other person may, seize any boat or 
vessel used by any person or persons in violation of 
subdivision one of this section, together with the 
tackle, apparel and furniture of said boat or vessel 
whereA'Cr found, within one year after such violation, 
and shall forthwith give notice thereof to any jus- 
tice of the peace of the county where the seizure was 
made. 

3. The justice of the peace, to whom such notice is 
given as provided in subdivision two of this section, 
shall forthwith fix a time and place for trial, and 
give at least six days' previous notice of the same to 
the person or persons in possession of said boat or 
vessel at the time of such seizure, and also to the 
owner thereof, if said persons entitled to such notice 
are l^nown and are residents of the county within 
which the seizure is made. If any of the persons 
entitled to such notice are unknown or are nonresi- 
dents of the county where the seizure is made, then 
the said justice of the peace shall order that a notice 
directed to such person or persons, if known, or if 
unknown, then generally to whom it may concern, 
be published once a week, for two successive weeks, 
in a newspaper published in the said county, which 
notice shall contain, as near as may be a description 
of the boat, vessel or property seized, a concise 
statement of the grounds of seizure thereof and the 
time and place fixed by the said justice of the peace 
for trial, which time shall not be less than six days 
from the day of the last publication of such notice. 

4. At the time and place fixed by the said justice 



64 

of the peace for trial, or at such time and place to 
which the said justice of the peace may adjourn the 
same, he shall determine by the evidence taken by 
him whether such boat, vessel or property was used 
in interfering with, talking, disturbing or carrying 
away oysters or other shellfish in violation of any 
provisions of this section, and if said justice of the 
peace shall determine that said boat, vessel or prop- 
erty was so used, he shall order the same to be sold 
together with the furniture, tackle and apparel, and 
shall direct the manner of the sale thereof. The 
avails from such sale, after deducting all the charges 
and expenses of such seizure, trial and sale, which 
said justice of the peace may allow, shall be paid to 
the commissioners of fisheries, game and forest. 

5. Any person who shall prevent or obstruct any 
other person from entering and seizing any boat or 
vessel liable to seizure under the provisions of this 
section, shall be guilty of a misdemeanor and shall be 
punished by a fine not exceeding one hundred dollars, 
or by imprisonment for not more than one year, or 
both. {As amd by chap. 383 of Laws of i8g6.) 

§ 190. Nonresidents not to gather shellfish.— Only 
persons who have been actual residents of this state 
for six months shall be entitled to gather shellfish 
from the waters of this state, except when such non- 
resident is employed for that purpose by a person 
autliorized to gather the same. Whoever shall vio- 
late or attempt to violate the provisions of this sec- 
tion shall be guilty of a misdemeanor and in addition 
thereto shall be liable to a penalty of one hundred 
dollars for each violation thereof. 

§ 191. Dredging and raking for oysters and 
clams regulated.— No dredge operated by steam 
power, or weighing over fifty pounds, shall be used 
on beds of natural growth in dredging for shellfish. 
No rake, tongs, dredge or other device shall be used 



65 

for taking bard or round clams with spaces or open- 
ings, between the teeth or prongs -of less than one 
inch in width. Whoever shall violate or attempt to 
violate the provisions of this section shall be guilty 
of misdemeanor and in addition thereto shall be lia- 
ble to a penalty of one hundred dollars for each 
violation thereof. (As am'd by chap. 706 of Laws of 
1897.) 

§ 192. Sale of lobsters under certain size pro- 
hibited.— Lobsters less than nine inches in length, 
measured from one extremity to the other, exclusive 
of claws or feelers, shall not be caught, sold or pos- 
sessed. Whoever shall violate or attempt to violate 
the provisions of this section shall be guilty of mis- 
demeanor and In addition thereto shall be liable to 
a penalty of twenty-five dollars for each violation 
thereof. 

§ 193. Oysters, how sold, in shell.— Oysters in the 
shell may be sold either by count or measure; if not 
sold by count they shall be sold in a stave measure, 
which shall be uniform in shape and of the follow- 
ing dimensions: The bottom to be sixteen and one- 
half inches across from inside to inside, and the 
top to be eighteen Inches diagonally from inside 
chime to top; such measure shall be even or struck 
measure, to be inspected and sealed by the sealer 
of weights and measures in the county where used. 
This provision shall not affect the shipment of oysters 
in barrels to foreign countries. Oyster measures 
sealed by the county sealer may be used in any 
county of the State. Whoever shall violate or at- 
tempt to violate the provisions of this section shall 
be guilty of misdemeanor and in addition thereto 
shall be liable to a penalty of twenty-five dollars 
for each violation thereof. 

§ 194. Taking clams and oysters about Staten 
Island regulated.— Oysters or clams, whether of 
9 



66 

natural growth or planted, shall not be dug up, 
caught or removed between half arU hour after sun- 
set and half an hour before sunrise, from the waters 
on the south side of Staten Island, lying between a 
line extending due south from the point known as 
the point of the beach at Great Kills, and a line 
extending due southwest from Wards Point, in the 
town of Westfield. Whoever shall violate or attempt 
to violate the provisions of this section shall be guilty 
•of misdemeanor and in addition thereto shall be lia- 
ble to a penalty of one hundred dollars for each viola- 
tion thereof. 

§ 195. Taking oysters in South bay regulated.— 
•Oysters, spawn, seed oysters or shells shall not be 
dug up, caught or removed from any of the waters 
of South bay, in the county of Suffolk, between the 
thirty-first day of May and the first day of Septem- 
ber, nor between sunset and sunrise at any time. 
Any oyster shells caught or taken from the public 
waters of said bay, in said county, shall be returned 
to the w^ater in the locality where taken within ten 
minutes after being so taken. No blade or scraper 
tongs shall be used or possessed on the waters of 
said bay, in said county, for the purpose of catch- 
ing such shellfish, and possession of a blade or 
scraper tongs on said waters is a violation of this 
provision. This section is subject to the provisions 
of section one hundred and seventy-three. Whoever 
shall violate or attempt to violate the provisions of 
this section shall be guilty of a misdemeanor and in 
addition thereto shall be liable to a penalty of one 
hundred dollars for each violation thereof. 

§ 197. Leases for cultivation of sheimsh.— The 
commissioners may make leases of lands under 
water for the purposes of shellfish cultivation; beds 
of oysters of natural growth shall not be leased un- 
less the same have for five years ceased to produce 



67 

natural oysters iu sufficient quantities to enable per- 
sons engaged in the planting and cultivation of 
oysters to earn a livelihood by working on such lands. 
Such leases shall not be made unless notice thereof 
has been posted for not less than three weeks in a 
conspicuous place in the office of the conmiissioners, 
and in the office of the clerk of the town nearest to 
the lands applied for and also in the post-office near- 
est such lands. The letting shall be at public auction 
to the highest bidder and shall not be made for a 
less sum than twenty-five cents per acre per annum, 
nor for a longer period than fifteen years. The 
moneys received for such leases shall be paid torth- 
with into the treasuiy of the state. The lessee shall 
immediately cause the grounds so leased to him to 
be plainly marked out by stakes, buoys, or monu- 
ments, which shall be maintained by the lessee, his 
successor or assigns during the continuance of the 
lease. Any controversy respecting the boundaries of 
lands so leased shall be determined by the commis- 
sioners on application to any party thereto. The 
commissioners may remove summarily from such 
lands any tenants who neglect to pay rent. (As 
amd by chap. 653 of Laws of 1896.) 

§ 198. Limitation of preceding section.— The pre- 
ceding section does not limit the power of the com- 
missioners of the land office that any grant of land 
under water made by such commissioners, where 
such land is actually occupied and in use for the 
cultivation of shellfish, shall be subject to the right of 
the occupant to occupy and use such grounds for a 
period not exceeding the unexpired term of his lease, 
nor longer than two years; nor does such section ap- 
ply to or affect lauds under water owned, controlled 
or claimed under colonial patents or legislative grants 
by any town or person in the counties of Suffolk, 
Queens, Kings or Richmond; lands under the waters 



68 

of Gardiner's and Peconic bays ceded by the state to 
the county of Suffolk pursuant to chapter three hun- 
dred and eighty-five of the laws of eighteen hundred 
and eighty-four or lands under water in Westchester 
county. Nothing in this act contained shall be con- 
strued as invalidating any leases or franchises of 
land under water, issued or granted by the commis- 
sioners of fisheries of this state subsequent to the 
first day of January, eighteen hundred and ninety- 
three; and all such leases and franchises made sub- 
sequent to the first day of January, eighteen hun- 
dred and ninety-three are hereby declared to be 
valid, and the lessees holding under and by virtue 
thereof are hereby confirmed in their leases and 
franchises; nor shall this act apply to any lands 
under water, which, at the time of the passage of 
this act, are advertised to be leased at public auc- 
tion, for the purpose of shellfish cultivation, by said 
commissioners. {As am'd by chap. 453 of Laws of 1898.) 

§ 199. Franchises for cultivation of shell fish in 
Long Island sound, in Suffolk county.— The commis- 
sioners of fisheries, game and forest may grant per- 
petual franchises for the purpose of shell fish culti- 
vation, of the lands of the state under the waters of 
Long Island sound within the limits of Suffolk county. 
Except as hereinafter provided the said franchises 
must be advertised and sold as is prescribed for the 
sale of leases in section one hundred and ninety- 
seven of this act, and no grant shall be made for 
less than one dollar per acre payable in advance into 
the treasury of the state. No grant shall be made 
to any person or persons " who have not resided at 
least one year in this state," prior to the date of the 
sale and no franchise shall be sold, leased, licensed 
or conveyed by the owner at any time, to any per- 
son or persons who have not resided at least one 
year in this state next prior to the conveyance. The 



69 

grantee shall Immediately after the acceptance of 
-the franchise cause the grounds granted to him to 
be plainly markd out by buoys, stakes and monu- 
ments and shall properly maintain the same at all 
times. The right to use and occupy the lands so 
granted shall be and remain in the grantee and his 
legal representatives and successors forever and shall 
be considered as personal property; provided only 
that the said grantee, his legal representatives or 
successors shall actually use, occupy, and cultivate 
the same within one year from the date of sale, for 
the purposes of shell fish propagation. Lands actu- 
ally occupied prior to and at the time of the signing 
of the act creating this section of the law, may be 
granted to the occupant at one dollar per acre with- 
out advertisement and sale at public auction, at any 
time within one year from the creation of this sec- 
tion. (Added by chap. 458 of Laws of 1898.) 

ARTICLE IX.* 
Private grounds and parks. 

Section 210. Trespassing on private grounds for- 
bidden. 

211. Notices to be posted on private grounds. 

212. Laying out grounds in private parks. 

213. Notice to be posted in private parks. 

214. Notice when territory is fenced. 

215. Fish or game so protected not to be in- 

terfered with. 

216. Signs not to be defaced. 

§ 210. Trespassing on private grounds forbidden.— 

No person shall trespass upon inclosed or cultivated 

lands for the purpose of shooting or hunting any 

game, or taking any fish from private ponds or 

♦As amended by chap. 974 of the Laws of 1895. 



70 

streams, after public notice has been given by the 
owner or person entitled to the exclusive right to 
shoot or fish thereon, as provided in this article. 
Whoever shall violate the provisions of this section 
shall be deemed guilty of misdemeanor and shall In 
addition thereto be subject to exemplary damages 
in an amount not more than twenty-five dollars in 
addition to the actual damages sustained by the 
owner or lessee. 

§ 211. Notices to be posted on private grounds.— 
The notice provided for in the last section shall be 
given by maintaining signboards at least one foot 
square upon at least every fifty acres of the premises 
sought to be protected upon or near the lot lines 
thereof, or upon or near the shores of any waters 
thereon, in at least two conspicuous places, or by per- 
sonal service of a notice containing a brief descrip- 
tion of the premises and name of the owner or by the 
person having the exclusive right to shoot, hunt or 
fish thereon, and prohibiting the same. 

§ 212. Laying out grounds for private parks.— A 
person owning or having the exclusive right to shoot, 
hunt or fish on lands, or lands and water, desiring 
to devote such lands or lands and water, to the 
propagation or protection of fish, birds or game shall 
publish in a newspaper printed in the county within 
which such land or lands and water are situate a no- 
tice, once a week, for a term not less than four weeks 
in the county, where the lands so described are situ- 
ated, substantially describing the same and contain- 
ing a clause declaring that such land or lands and 
water will be used as a private park for the purpose 
of propagating and protecting fish, birds and game. 
Provided, however, that all waters heretofore stocked 
by the state, or which may hereafter be stocked by 
the state from any of the hatcheries, hatching sta- 
tions, or by fish furnished at the expense of the state, 



shall be and remain open to the public to fish therein 
the same as though the private parli law had never 
existed. But nothing herein contained shall be con- 
strued as affecting any rights now existing of persons 
owning lands or holding leases of private grounds, 
waters or parks prior to the passage of this act. 
(As am'd by chap. 319 of Laws of i8g6.) 

§ 213. Notice to be posted in private park.— There 
shall be posted and maintained upon such private 
territory, notices or signboards, not less than one 
foot square, warning all persons against trespass- 
ing thereon. Such notice or signboards shall be 
placed not more than forty rods apart, along the 
entire boundary of such private territory, when the 
same shall consist entirely of land, or when it shall 
consist of both land and water they shall be placed 
so that there shall be at least one notice or signboard 
for every hundred acres thereof. When the private 
property consists of a lake, pond or stream only such 
notices shall be placed in at least four conspicuous 
places on or near the shore of such lake or pond, and 
one of such notices shall be placed on every half 
mile of such stream in a conspicuous place on the 
bank thereof. 

§ 214. Notice when territory is fenced.— When 
such territory or any part thereof is fenced, notices 
or signboards shall be placed on or near such fences 
not more than forty rods apart. 

§ 215. Fish or game when so protected not to be 
interfered with.— Upon compliance with the fore- 
going provisions for preventing trespassing or for 
devoting lands to propagation of fish, bird? and game, 
no person shall disturb or interfere in any way with 
the fish or wild birds or wild animals w.iile on the 
premises so protected, except with the consent of the 
owner or person having the exclusive right to shoot, 



72 

hunt or fish thereon. Whoever shall violate or at- 
tempt to violate the provisions of this section shall 
be deemed guilty of misdemeanor, and shall, in ad- 
dition thereto, be subject to exemplary damages in 
an amount not less than fifteen dollars, nor more 
than twenty-five dollars, in addition to the actual 
damages sustained by the owner or lessee. 

§ 216. Signs not to be defaced.— Signs placed pur- 
suant to the foregoing provisions shall not be defaced 
or removed under penalty of twenty-five dollars. 

ARTICLE X.* 

Prosecutions. 

Section 230. Actions, how entitled. 

231. Authority to bring actions. 

232. Actions, where brought. 

233. Discontinuance. 

234. Two or more penalties in one action. 

235. Witness fees and disbursements in ac- 

tions by people. 

236. Actions by persons or societies. 

237. Judgments recovered under this act, 

how collected. 

239. Recovery, how disposed of in actions 

by individuals. 

240. One-half of recoveiy to go to protector. 

241. Expenses of actions by people, how paid. 

242. Report of commissioners to legislature. 

243. Arrest of offenders by protectors and 

trial thereof. 

244. Jurisdiction of courts. 

245. Punishment for misdemeanor. 

246. Issue of warrants of arrest. 

247. Search warrant, when issued. 

248. Witnesses. 

♦As amended by chap. 974 of the Laws of 1895. 



IS 

§ 230. Actions, how entitled.— All penalties im- 
posed by this act may be sued for and recovered in 
the name of " The People of the State of New York." 

§ 231. Authority to bring action.— Actions for pen- 
alties, and as provided in section two hundred and 
thirty, shall be brought in the name of the people on 
order of the chief fish and game protector and for- 
ester, or by direction of either of the commissioners 
who are hereby authorized in their discretion, to em- 
ploy special counsel to commence and maintain such 
actions, and the compensation of such special counsel 
may be fixed and allowed by the commissioners. 
(As anid by chap. 233 of Laws of i8g6.) 

§ 232. Actions, where brought.— Actions for pen- 
alties imposed by this act may be brought in any 
town in the county where the penalty shall be in- 
curred, or in the county where defendant resides, 
subject only to the right to remove the same to any 
other county adjoining that in which the penalty 
shall be incurred, or in which the action shall have 
been brought as aforesaid, for cause shown, as pro- 
vided by the code of civil procedure. 

§ 233. Discontinuance.— Actions for penalties in the 
name of the people may be discontinued by order of 
the court upon the application of the chief fish and 
game protector and forester at any time before trial 
upon such terms as the court may direct. 

§ 234. Two or more penalties in one action.— Two 
or more penalties may be sued for and recovered in 
the same action, whether brought by the people or in 
the name of an individual or society. 

§ 235. Witness fees and disbursements in actions 
by people.— Witness and other fees and disburse- 
ments and full costs shall be recovered in any judg- 
ment in favor of the people under this act at the rate 
10 



74 

fixed by section thirty-two liundred and fifty-one of 
the code of civil procedure, without reference to the 
amount of recovery. 

§ 236. Actions by persons or societies.— Any indi- 
vidual upon giving security for costs, unless he sliall 
be the owner or lessee of the premises upon which it 
shall be claimed the penalty was incurred, and any 
society or corporation or agent of any society or asso- 
ciation for the protection of fish or game may recover 
in his or its name all penalties provided for by this 
act, with costs, but on recovery by the plaintiff in 
such case of a less sum than fifty dollars, plaintiff 
shall only be entitled to costs to the amount of such 
recovery. Such person shall be entitled to one-half of 
the penalty recovered, the other half to be paid to 
the board of commissioners, but any such action 
shall be discontinued without costs or disburse- 
ments to either party, in case an action shall be 
thereafter brought for the same violation in the 
name of the people and an order to that effect may be 
entered on motion of the chief fish and game pro- 
tector and forester or one of the commissioners, on 
notice to all the parties thereto. Such motion shall be 
entitled and made in both actions. Any person or 
society bringing an action under this section shall 
notify the chief fish and game protector and forester 
thereof, within fifteen days after service of the sum- 
mons therein, and failure so to do shall be a defense 
to the action. 

§ 237. Judgments recovered under this act, how 
collected.— All judgments recovered under the pro- 
visions of this act may be enforced by execution 
against the person; any person in prison upon such 
execution shall be so imprisoned for a period of not 
less than one day, and at the rate of one day for 
every dollar of such judgment w^hen the same ex- 
ceeds one dollar; no one shall be more than once im- 



75 

prisoned, nor for a longer period than six months 
upon any judgment; such imprisonment shall not be 
a satisfaction of such judgment. 

§ 238. Recovery, how disposed of in actions by 
the people.— The amount of fines imposed or penal- 
ties recovered and collected in all actions, settle- 
ments, compromises or proceedings hereafter or here- 
tofore brought under the direction of a commissioner 
or upon the order of the chief fish and game protector 
and forester in the name of the people shall be dis- 
bursed by said board as hereinafter provided. Any 
officer or person failing to pay over any such money 
recovered by him shall be guilty of a misdemeanor, 
and shall be removed from office, and a civil action 
may be brought against any such officer or person for 
the recovery of any such money received by him in 
the name of the people under the direction of either 
of the commissioners. 

§ 239. Recovery, how disposed of in actions by 
individuals.— One-half of the recovery in all actions 
heretofore brought or hereafter to be brought by an 
individual or society in his or its name shall be paid 
to the board of commissioners to be by it disposed of 
in the same manner as other moneys received by it, 
and it shall be the duty of the person in whose hands 
such moneys shall come to pay over the same, and 
in case of failure so to do such moneys may be re- 
covered from the person receiving the same in action 
brought in the name of the people under the direction 
of the chief fish and game protector and forester or 
the commissioners. 

§ 240. One-half of recovery to go to protector. — 
The commissioner shall dispose of the fines and pen- 
alties received by them as follows: They shall deduct 
all the expenses incurred in the inquisition or col- 
lection of such fines or penalties and shall pay one- 



76 

half of the remainder to the protector and forester or 
special protector and forester upon whose informa- 
tion the action was brought. Such payment shall be 
made on the certificate of the chief fish and game pro- 
tector or forester that such protector and forester is 
entitled thereto, and the certificate of the chief pro- 
tector and forester shall be final. 

§ 241. Expenses of actions by people, how paid.— 
The remaining money received by the board of com- 
missioners shall be applied to the payment of the ex- 
penses of actions for violation of this act on the cer- 
tificate of the chief protector and forester. 

§ 242. Report of commissioners to legislature. — 
The board of commissioners shall include in their 
annual report to the legislature a detailed report of 
their receipts and disbursements under this article. 

§ 243. Arrest of offenders by fish and game pro- 
tectors and foresters and trial thereof. — Any pro- 
tector or peace officer may, without warrant, arrest 
any person committing a misdemeanor under the pro- 
visions of this act, in his presence, and talie such 
person immediately before a justice of the peace 
or other magistrate, having jurisdiction, who shall, 
after giving defendant reasonable time to prepare 
for trial, proceed without delay, to hear, try and de- 
termine the matter, and give and enforce judgment 
according to the allegations and proofs. 

§ 244. Jurisdiction of courts.— Courts of special 
sessions and police courts in towns and villages and 
the several courts in cities having jurisdiction to try 
misdemeanors as provided by section fifty-six of the 
code of criminal procedure shall have in the first 
instance exclusive jurisdiction to try offenders in all 
cases occurring under the fisheries, game and forest 
law, being chapter thirty-one of the general laws, 



77 

in the same manner as in other cases where they 
now have jurisdiction and to render and enforce 
judgment to the extent herein provided, and said 
courts shall have jurisdiction of all said offenses 
committed within the county where said courts are 
held, in the same manner as though the defendant 
had been tal^en before a magistrate of a town where 
the offense was committed. (As am'd by chap. 447 
of Laws of i8g8.) 

§ 245. Punishment for misdemeanor.— Any person 
convicted of a misdemeanor under the provisions of 
this act shall be punished except as otherwise pro- 
vided by this act by a fine of not less than ten dol- 
lars, nor more than at the rate of one dollar for 
every dollar of the penalty provided by the section 
so violated under which he is convicted, or be im- 
prisoned in the county jail or penitentiary for a 
period of not less than one day, nor more than at 
the rate of one day for every dollar of such fine, or 
by both such fine and imprisonment. 

§ 246. Issue of warrants of arrest.— Any justice of 
the peace, police justice, county judge, judge of any 
city court, or magistrate having criminal jurisdiction, 
on suflicient proof by affidavit that any of the pro- 
visions of this chapter have been violated by any 
person temporarily within his jurisdiction, but not 
residing there permanently, or by any person whose 
name and residence are unknown, shall issue his 
warrant for the arrest of such offender and cause him 
to be committed or held to bail to answer the charge 
against him. 

§ 247. Search warrant; when issued.— Any justice 
of the peace, police justice, county judge, judge of 
any city court, or magistrate having criminal juris- 
diction, upon receiving proof of probable cause for 
believing in the concealment of any game or fish 



78 

taken or possessed contrary to the provisions of this 
act, shall Issue his search warrant and cause a 
search to be made In any place, and to that end may 
cause any building or inclosure to be entered and 
may cause any apartment, chest, box, locker, crate, 
basket or package to be broken open and the contents 
examined. 

§ 248. Witnesses.— No person shall be excused 
from giving evidence in any civil or criminal action, 
prosecution or proceeding, under or authorized by 
this act on the ground that the evidence might tend 
to convict such witness of a crime, or misdemeanor, 
or to establish the liability of such witness under any 
of the provisions thereof; but such evidence shall 
not be received against such witness in any civil or 
criminal action, prosecution or proceeding. 

ARTICLE XI.* 

Fishways. 

Section 2G0. Commissioners to be notified of con- 
struction of dam. 

261. Authority of commissioners to direct 

fishways. 

262. Owner to comply with direction of com- 

missioners. 

263. Commissioners to recover for construc- 

tion and penalty. 

§ 260. Commissioners to be notified of construc- 
tion of dam.— No dam shall be constructed by the 
state or any person upon any stream more than six 
miles in length inhabited by fish protected by this 
act, until the person about to construct, or the ofl3- 
cers having charge of the construction of the same 
shall give written notice to the commissioners of such 
♦As amended by chap. 974 of the Laws of 1895. 



79 

intention, together with a statement of the name, 
length and location of said stream, and the size and 
general description of such dam, and the purposes for 
which it is to be erected, together with a diagram 
thereof. 

§ 201. Authority of com.missioners to direct fish- 
ways.— The commissioners are authorized in such 
cases to direct the construction of suitable fishways 
by an entry on their minutes and service of a copy 
of such order on the person constructing or officers 
having charge of the construction of such dam, and 
the person so constructing shall at his own expense, 
or the officers having charge of the construction shall, 
out of the funds appropriated for the construction of 
such dam comply Avith such directions, subject, on 
application on notice as on a motion, to the right of 
the supreme court to affirm, reverse, modify or alter 
such directions. 

§ 2G2. Owners to comply with directions of com- 
missioners.— Such fishways shall be properly main- 
tained by the owner or persons in possession of such 
dam, and shall be subject to examination and inspec- 
tion on behalf of the commissioners, who may direct 
such repairs and alterations as they may deem neces- 
sary, subject to the order of the supreme court, as 
in case of construction. 

§ 2(53. Commissioners to recover for construction 
and penalty.— In case of failure, refusal or neglect 
on the part of any person to comply with the direc- 
tions of the commissioners as to building and re- 
pairing fishways, the commissioners may cause such 
fishways to be constructed or repaired, and the ex- 
pense thereof may be recovered by the commis- 
sioners in an action against the owner or person in 
possession, or both, in the name of the people, and 
shall, in addition to the personal liability of such 



80 

owner or person in possession be a lien upon the 
premises upon wliich sucli dam is situated. Tlie per- 
son refusing or neglecting to comply witli such di- 
rections of the commissioners as to construction or 
repairs shall also be liable to a penalty of ten dollars 
for each day during which they neglect to obey 
such directions, which penalty may be recovered in 
like manner in the same or a separate action. 

§ 264. No person or persons, association, corpora- 
tion or company shall build, place or maintain any 
rack, screen, weir or other obstruction across any 
of the creeks, streams, or rivers of the state inhab- 
ited by fish protected by law that will prevent the 
passage of fish from one point to another point in 
said waters except as provided in section one hun- 
dred and forty-three of the fisheries, game and for- 
est law. Whoever shall violate or attempt to vio- 
late the provisions of this section by placing, main- 
taining or causing to be placed or maintained any 
rack, screen, weir or other obstruction to prevent 
the passage of fish as aforesaid shall be deemed 
guilty of misdemeanor and in addition thereto shall 
be liable to a penalty of fifty dollars for each rack, 
screen, weir or other obstruction built or maintained 
in violation of this section. {Added by chap. 408 of 
Laws of 1898.) 

ARTICLE XII.* 

Forest Preserve. 

Section 270. Forest preserve. 

271. Powers and duties. 

272. Accounts and annual report of board of 

fisheries, game and forest relative to 
the forest preserve. 

273. Partition of lands. 

♦Added by chap. 395 of the Laws of 1895. 



81 

Section 274. Taxation of forest preserve. 

275. Duties of railroad companies. 

276. Powers and duties of certain officers in 

case of fire. 

277. Supervisors to be town protectors of 

lands. 

278. Supervisors ex-officio, fire wardens. 

279. Supervisors to report fires. 

280. Actions for trespass upon forest pre- 

serve. 

281. Penalty for setting fire to forest lands. 

282. Arrest of offenders witliout warrant. 

283. Deer parks in the Catskill region. 

§ 270, Forest preserve.— The forest preserve shall 
include the lands owned or hereafter acquired by 
the state within the counties of Clinton, except the 
towns of Altona and Dannemora, Delaware, Essex, 
Franklin, Fulton, Hamilton, Herkimer, Lewis, 
Oneida, Saratoga, Saint Lawrence, Warren, Wash- 
ington, Greene, Ulster and Sullivan, except 

1. Lands within the limits of any village or city, 
and 

2. Lands, not wild lands, acquired by the state on 
foreclosure of mortgage made to the commissioners 
for loaning certain moneys of the United States, 
usually called the United States deposit fund. 

§ 271. Powers and duties.— The board of fisheries, 
game and forest, shall: 

1. Have the care, custody, control and superin- 
tendence of the forest preserve. 

2. Maintain and protect the forests in the forest 
preserve, and promote as far as practicable the 
further growth of the forest therein. 

3. Have charge of the public interests of the state 
with regard to forestry and tree planting, and 
especially with reference to forest fires in every part 
of the state. 

11 



82 

4. Possess all the powers relating to forest pre- 
serve which were vested in the commissioners of the 
land office, and in the comptroller on May fifteen, 
eighteen hundred and eighty-five. 

5. Prescribe rules and regulations affecting the 
whole or any part of the forest preserve and for its 
use, care and administration and alter or amend the 
same; but neither such rules or regulations nor any- 
thing contained in this article shall prevent or operate 
to prevent the free use of any road, stream or water 
as the same may have been heretofore used, or as 
may be reasonably required in the prosecution of any 
lawful business. 

6. Take suck measures as in the judgment of the 
commissioners may be proper, and the state super- 
intendent of public instruction and the regents of the 
university may approve, for awakening an interest 
in behalf of forestry in the common schools, acad- 
emies and colleges of the state and of imparting 
elementary instruction on such subject therein; and 
prepare and distribute the tracts and circulars of in- 
formation, giving plain and concise instruction for 
the care of private w^oodlands and for the growth 
of new forests upon lands that have been denuded, 
exhausted by cultivation, eroded by torrents, or 
injured by fire, or that are sandy, marshy, broken, 
sterile, or waste and unfit for other use. These 
publications shall be furnished without cost to any 
citizen of the state on application, and proper 
measures may be taken for bringing them to the 
notice of persons who would be benefited thereby. 

7. Cause rules for the prevention and suppression 
of forest fires to be printed for posting in school- 
houses, inns, saw-mills and other wood-working 
establishments, lumber camps and other places in 
such portions of the state as they may deem neces- 
sary. Forest inspectors, foresters, firewardens, 
supervisors and school trustees shall cause these rules 



83 

when received by them, to be properly posted and 
replaced when lost or destroyed. Any person mali- 
ciously or wantonly defacing or destroying any such 
notice shall forfeit to the people of the state, the sum 
of five dollars for every such offense. 

§ 272. Accounts and annual report of the board of 
fisheries, game and forests, relative to the forest 
preserve.— All income from state forest lands, includ- 
ing receipts for trespasses, shall be paid over by the 
board of fisheries, game and forest to the state treas- 
urer, by whom it shall be placed to the credit of the 
special fund established for the purchase of lands 
within the Adirondack park, and a strict account 
shall be kept of all receipts and expenses of the com- 
mission, which account shall be audited by the comp- 
troller. The commission shall, annually, in the month 
of January, make a written report to the legislature 
of their receipts and expenses, and of all their pro- 
ceedings, with such recommendations of further 
legislative or official action as they may deem proper. 

§ 273. Partition of lands.— Whenever the state 
owns an undivided interest with any person in lands 
of the forest preserve, or holds and is in possession 
of such lands as joint tenant or tenant in common 
with any person who has a freehold estate therein, 
the attorney-general shall, on the request of the board 
of fisheries, game and forest, bring an action in the 
name of the people of the state, for the actual parti- 
tion of such land; and on the written consent of the 
board such person may maintain an action for the 
actual partition of such land in the same manner as 
if the state were not entitled to exemption from legal 
proceedings, and service of process in such action 
upon the attorney-general sh^ll be deemed service 
upon the state. Such actions, the proceedings and 
judgment therein and the proceedings under the 



84 

judgment shall be according to the practice at the 
time prevailing in actions of partition, and shall 
have the same force and effect as in other actions, 
except that no costs against the state shall be allowed 
in such actions and no sale of such lands shall be 
adjudged therein. The board of fisheries, game and 
forest may without action, but with the consent of 
the comptroller, agree with any person or persons 
owning lands within the forest preserve jointly or as 
tenants in common, with the state for the partition 
of such lands, and on such agreement and consent, 
the comptroller shall malie on behalf of the people 
of the state, any conveyance necessary or proper in 
such partition, and such conveyance shall be forth- 
with recorded as now provided by law as to convey- 
ances made by the commissioners of the land office. 

§ 275. Duties of railroad companies.— Every rail- 
road company whose road passes thtough waste or 
forest lands or lands liable to be overrun by fires 
within the state, shall twice in each year cut and 
remove from its right of way all grass, brush or 
other inflammable materials, but under proper care 
and at proper times when fire, if set, can be liept 
under control. All locomotives which run through 
forest lands shall be provided w^ith approved and 
suflacient arrangements for preventing the escape of 
fires from their furnaces or ashpans, and with netting 
of steel or iron wire upon their smoke stacks to pre- 
vent the escape of sparks or fire, and every engineer 
and fireman employed upon a locomotive shall see 
that the appliances to prevent the escape of fire are 
in use and applied as far as it can be reasonably 
and practically done. No railroad company shall 
permit its employes to deposit fire coals or ashes 
upon their track in the immediate vicinity of wood- 
lands, or lands liable to be overrun by fires, and where 
any engineers, conductors or trainmen discover that 



85 

fences or other material or substances along the right 
of way upon woodlands adjacent to the railroad are 
burning, or in danger from fire, shall report the same 
at their next stopping place, and the person in charge 
of such station shall take prompt measures to ex- 
tinguish such fires, and shall immediately notify the 
nearest firewarden or fish and game protector and 
forester. In seasons of drought and especially dur- 
ing the first dry time in spring after the snows have 
gone, and before vegetation has revived, railroad com- 
panies shall employ a sufficient number of trackmen 
for the prompt extinguishment of fires; and where a 
forest fire is raging near the line of their road they 
shall concentrate such help and adopt such measures 
as shall most effectually arrest its progress. If any 
railroad company or any of its "employes violate any 
provisions of this section the company shall forfeit 
to the people of the state the sum of one hundred 
dollars for every such violation. 

§ 276. Appointment of firewardens.— The board of 
fisheries, game and forests shall appoint a firewarden 
in each town within the counties mentioned in section 
two hundred and seventy of this chapter who shall 
act during the pleasure of such board. In such of 
these towns as are particularly exposed to forest fires, 
or in which there is a large proportion of woodlands, 
or which may be specified by the fisheries, game and 
forest commission, the firewarden thus appointed 
shall divide the town into two or more districts, 
bounded as far as may be by roads, streams of 
water, dividing ridges of land, or lot lines, and 
appoint, in writing, one resident citizen in each district 
as district firewarden therein. A description of these 
districts and the names of the district firewardens 
thus appointed shall be recorded in the office of the 
town clerk. The firewarden shall also cause a map 
of the fire districts of his town to be posted in some 



86 

public place together with the names of the district 
firewardens appointed. The cost of such map, not ex- 
ceeding ten dollars, shall be a town charge. {As 

amd by chap. 655 of Laws of i8g6.) 

§ 277. Duties and powers of firewardens.— On the 
discovery of a forest fire, or a fire in or near any 
woods, the firewarden of the district shall repair im- 
mediately to the place where the fire is burning, and 
shall take such measures as shall be necessary for 
its extinction or to prevent it from spreading. For 
this purpose he may call on any person in his district, 
or adjoining district or town, to go to the fire and 
render assistance in extinguishing it or controlling 
its progress, and any person refusing to act or assist 
when so called on or warned out shall forfeit to the 
people of the state the sum of ten dollars. The fire- 
warden, where acting in general charge, may cause 
fences to be destroyed or furrows to be ploughed to 
check the running of fire; or, in case of great danger, 
back-fires may be set along a road or stream or other 
line of defense to clear off the combustible material 
before an advancing fire. No action for trespass shall 
be brought by any owner of lands for entry made 
upon his premises by persons going to assist in ex- 
tinguishing a forest fire, although such fire may not 
be upon his land. The firewarden of every town 
in which a forest fire of more than one acre in extent 
has occurred within a year, shall report to the board 
of fisheries, game and forests, the extent of area 
burned over, to the best of his information, together 
with the probable amount of property destroyed, 
specifying the value of timber, as near as may be, 
and amount of cord-wood, logs, bark, or other forest 
products, and of fences, bridges and buildings that 
have been burned. He shall make inquiries and re- 
port as to the causes of such fires, if ascertainable, 
and as to the measures employed and found most 



87 

effectual in checking their progress. A consolidated 
summary of these returns by counties, and of the 
information relating to the same matter otherwise 
gathered, shall be included in the annual report of the 
board of fisheries, game and forests. (As am'd by 
chap. 633 of Laws of 1896.) 

§ 278. Compensation of firewardens.— For their 
services while on duty at a forest or woodland fire, 
or in connection with the prevention of fires, the 
firewardens shall receive a compensation of two dol- 
lars and fifty cents per day for the time actually em- 
ployed; and each person assisting in extinguishing a 
forest or woodland fire, or who shall have been 
ordered to go to the place where such fire may be 
burning, shall receive a compensation of two dollars 
per day for the time actually employed. The services 
of the town firewarden, district firewarden, or per- 
sons assisting or ordered out at a forest fire shall be 
a town charge, and shall be audited and paid by the 
town; but the comptroller of the state shall annually 
pay to the towns within the counties containing the 
forest preserve a sum equal to one-half the expenses 
thus incurred, audited and paid. In order to secure 
such payment from the state, all bills for the services 
of the town firewarden, district firewardens, or per- 
sons assisting or ordered out at a forest or woodland 
fire, shall be made out in duplicate and approved by 
the town firewarden, one of which bills shall be for- 
warded to the board of fisheries, game and forests, 
and to which bill there shall be attached a certificate 
of the town board of auditors stating that said bill 
has been audited and paid; and no payment of moneys 
or rebate of any kind, for expenses incurred in the 
extinguishment or prevention of forest fires shall be 
made to the town by the comptroller, except on such 
bills, which must also be approved by the board of 
fisheries, game and forests or by such official in their 



88 

employ as they may designate to perform such duty. 
(As am'd by chap. 406 of Lazvs of 1898.) 

§ 279. Supervisors to be firewardens ex-officic— 

In all towns not within the counties mentioned in sec- 
tion two hundred and seventy of this act the super- 
visors shall be firewardens ex-officio, and there shall 
be applicable to them all the provisions of this act 
with reference to town and district firew^ardens. If 
a forest fire occurs in any town in which the fire- 
warden or supervisor may be absent, or may fail to 
take measures to extinguish the fire, or in which no 
firewarden may have been appointed, any justice of 
the peace in the town where such fire occurs may- 
act as firewarden and summon assistants; and for 
all such services payment shall be made the same 
as hereinbefore provided for a firewarden and his 
assistants. Any person who shall willfully or neg- 
ligently set fire to, or assist another to set fire to any 
waste or forest lands belonging to the state or to 
another person, whereby such forests are injured or 
endangered; or who suffers any fire upon his own 
lands to escape or extend beyond the limits thereof 
to the injury of the woodlands of another or of the 
state, is guilty of a misdemeanor, punishable by 
imprisonment not exceeding one year, or by a fine 
not to exceed two hundred and fifty dollars, or both, 
and be liable to the person injured for all damages 
that may be caused by such fires. (As amd by chap. 
655 of Lazvs of 1896.) 

§ 280. Actions for trespass upon forest preserve 
and disposition of penalties.— The board of fisheries, 
game and forest may bring, in the name of the people 
of the state, any action to prevent trespass upon, or 
injury to the forest preserve, and recover damages 
therefor, or to recover lands properly forming a part 
of the forest preserve, and occupied or held by per- 
sons not entitled thereto, or for the maintenance and 
protection of the forest preserve which any owner of 



89 

lands would be entitled to bring, or for cutting or 
carrying away or causing to be cut or assisting to 
cut or carry away, any tree, bark or timber within the 
forest preserve, or removing any tree, wood, ti|nber 
or bark or any portion thereof from such forest pre- 
serve, or from any land or lands now owned by the 
state or which may hereafter be acquired by the 
state. Every person violating the provisions of this 
section, relating to the cutting or carrying away any 
wood, timber, tree or bark, shall be deemed guilty of 
a misdemeanor, and in addition shall forfeit to the 
state the sum of ten dollars for every tree, cut or 
carried away by him, or by any person in his employ 
or under his direction. The board of fisheries, game 
and forest may employ attorneys and counsel to 
prosecute any such action of trespass or damage to 
the state or of forest land or to defend any such 
action brought against the board or any of its mem- 
bers, or any person acting under or by authority of 
the board of fisheries, game and forest, arising out 
of their or his oflicial conduct with relation to the 
forest preserve, together with all lands, now owned 
or which may hereafter be acquired by the state. 
The compensation of such attorneys and counsel shall 
be fixed by the board. A preliminary or final injunc- 
tion shall, on application in an action brought by or 
at the instance of the board of fisheries, game and 
forest, be granted restraining any act or trespass, 
waste or destruction upon the forest preserve or other 
lands owned by the state or which may hereafter be 
acquired by the state. All such actions shall be 
brought in the county where the trespass is alleged 
to have been committed, the same as other actions 
are now brought, by or under the direction of either 
of the commissioners of fisheries, game and forest, 
or on order of the chief fish and game protector and 
forester, in the manner provided in section two hun- 
dred and thirty-one of chapter nine hundred and 
seventy-four of the laws of eighteen hundred and 
12 



90 

ninety-five. Witness and other fees and disburse- 
ments and full costs shall be recovered in any judg- 
ment in favor of the people, under this act, at the rate 
fixed by section three thousand tvi^o hundred and 
fifty-one of the code of civil procedure, without re- 
gard to the amount recovered. All moneys recovered 
under the provisions of this chapter, either upon 
criminal or civil prosecution, shall be paid to the 
board of commissioners, to be by it disposed of as 
hereinafter provided, and it shall be the duty of 
every person to whose hands such moneys shall come, 
to forthwith pay over the same to the said commis- 
sion, and in case of failure so to do, such money 
may be recovered from such person in the name of 
the people by the commission. The commission shall 
dispose of the fines and penalties received by them 
as follows: They shall deduct all expenses incurred 
in the prosecution or collection of such fines and 
penalties, and shall pay to the protector and forester, 
or special protector or forester, upon whose informa- 
tion the action was brought, one-half of all recoveries, 
less the costs where the total net amount recovered, 
upon such information does not exceed fifty dollars. 
Such payments shall be made on the certificate of the 
chief game protector and forester that such protector 
and forester is entitled thereto. The remainder of 
the moneys shall be used in the employment of sur- 
veyors and other persons in assisting in procuring 
evidence to establish cases of trespass, and other vio- 
lations of this chapter, and in payment of expenses 
of enforcing the laws for the preservation of fish 
and game on the certificate of the chief protector and 
forester, or for such other purposes within the scope 
of this chapter as the board may determine, provided 
that the board of commissioners of fisheries, ganae 
and forest shall deposit all moneys received for viola^^ 
tions of the fish, game and forest laws, and on ac- 
count of trespasses of the state land, in some Bank 
in the city of Albany, to be approved by the comp- 
troller. The board shall render to the comptroller. 



91 

on or before the tenth day of each month, an item- 
ized monthly account, showing its receipts and dis- 
bursements on account of such fines and penalties, 
with the names of the persons from whom re- 
covered, and to whom paid, which account shall also 
include the balance in the bank on the last day of the 
preceding month. (As am'd by chap. 114 of Laws of 
1896.) 

§ 281. Fallow fires.— It shall be unlawful for any 
person to light fires for the purpose of clearing land, 
burning fallows, stumps, logs, or fallen timber, in the 
towns hereinafter specified in this section, betw^een 
April first and June tenth, and between September 
first and November tenth; but from June tenth to 
September first such fires may be started upon giv- 
ing three days' notice to a firew^arden or district'fire- 
warden and securing his written permission. Dur- 
ing the period last mentioned, if the place where a 
fire is to be lighted is near any woodlands or forest 
which might possibly be endangered by lighting such 
fire, it shall be the duty of the town firewarden or 
district firewarden to be present personally when the 
fire is liiilited, and the firewarden or district fire- 
warden thus in attendance shall not permit the start- 
ing of any fallow fires, or brush fires, or fires for 
cleaning land, during a dangerous wind, nor until 
the person desirous of starting such fires shall have 
employed at his own expense a sufiicient number of 
persons to watch and prevent any possible spread- 
ing of the flames, and who shall remain on watch 
until the fire is out and completely extinguished. The 
services of a firewarden or district firewarden at 
such times shall be a town charge, the same as when 
employed in extinguishing a forest fire; and one-half 
of the expense thus incurred by the town may be 
refunded by the comptroller of the state as herein- 
before provided in case of forest fires. Any person 
violating the requirements of this section by lighting 
fallow fires or fires for clearing land otherwise than 



92 

as herein provided, shall be guilty of a misdemeanor, 
and in addition thereto shall be liable to a fine of not 
less than fifty dollars nor more than three hundred 
dollars, one-half of which amount shall be paid to the 
person or persons furnishing the evidence necessary 
to conviction. The provisions of this section shall 
apply to Hamilton county, and to the towns of 
Minerva, Newcomb, North Hudson, Schroon, Keene, 
Jay, Lewis, North Elba, Saint Armand, and Wil- 
mington, of Essex county; to the towns of Waverly, 
Harrietstown, Brandon, Santa Clara, Brighton, Bel- 
mont, Franklin, Duane, and Altamont, of Franklin 
county; to the towns of Hopkinton, Colton, Clifton, 
Fine, Edwards, Pitcairn, Clare, Russell, and Parish- 
ville, of Saint Lawrence county; to the towns of 
Diana, Croghan. Watson, Greig, and Lyonsdale, of 
Lewis county; to the towns of Wilmurt, Ohio, Salis- 
bury, Remsen, and Russia, of Herkimer county; to 
the town of Forestport in Oneida county; to the 
towns of Stratford, Caroga, Bleecker, and Mayfield, 
of Fulton county; to the towns of Day, Edinburgh, 
Hadley, and Corinth, of Saratoga county; to the 
towns of Johnsburgh, Thurman, and Stony Creek, 
of Warren county; to the towns of Putnam, Dresden, 
and Fort Ann, of Washington county; to the towns 
of Altona, Dannemora, Ellenburgh, Saranac. and 
Black Brook, of Clinton county; to the towns of 
Denning, Hardenburgh, Shandaken, Olive, Rochester, 
Wawarsing, and Woodstock, of Ulster county; to the 
towns of Neversink and Rockland, of Sullivan 
county; to the towns of Andes, Colchester, Hancock, 
and Middletown, of Delaware county; and to the 
towns of Hunter, Jewett, Lexington, and Windham, 
of Greene county. (As amd by chap. 700 of Laws of 
1897.) 

§ 282. Arrest of offenders without warrant.— The 
fish and game protectors and foresters, and other per- 
sons acting upon the forest preserve under the 
written employment of the board of fisheries, game 



93 

and forest, may, without warrant, arrest any person 
.found upon the forest preserve violating any of the 
provisions of this article and forthwith take the per- 
son so arrested before a magistrate having juris- 
diction to issue warrants in such cases, and there 
make or procure to be made a complaint in writing, 
on which complaint the magistrate shall act as the 
case may require. 

§ 283. Deer parks in the Catskill region.— The 
board of fisheries, game and forests shall set apart 
tracts of land (not exceeding three) of such size as 
they may deem proper, belonging to the state and 
including such adjoining lands as may be deemed 
necessary, in the Catskill region, now constituting 
that part of the forest preserve situated in the 
counties of Delaware, Greene, Sullivan and Ulster, 
for the purpose of breeding deer and wild game. 
The board of fisheries, game and forest shall purchase 
and turn out upon such lands such deer or other game 
as they may think proper and establish all proper 
rules for the protection of such laud and the game 
thereupon. No game shall be killed, pursued, or 
trapped or in any way destroyed within the limits 
of such land oO set apart for the period of five years 
from the time that such land shall be so set apart. 
The board may receive private subscriptions of money 
and expend the same for the purposes specified in 
this section, and may, from time to time, enlarge the 
area of any such park by purchasing other lands 
adjacent thereto, so as to include as large an acreage 
of state lands as practicable within the bounds of 
each park. The proceeds of the lands sold prior to 
January first, eighteen hundred and ninety-five, shall 
be used for no other purpose than the purchase of 
additional lands for such parks, and the board may 
execute and receive and accept, in the name of the 
state, all contracts and conveyances necessary to 
carry into effect the provisions of this section. 



94 



ABTICLE XIII.* 

Adirondack Park. 
Section 290. Adirondack park. 

291. Powers and duties of forest commis- 

sion. 

292. Contracts. 

293. Proceeds of lands sold and payments for 

lands purchased. 

294. Revenues from leases made prior to 

January first, eighteen hundred and 
ninety-five. 

295. Annual report. 

§ 290. Adirondack park.— All lands now owned or 
hereafter acquired by the state within the county of 
Hamilton; the towns of Newcomb, Minerva, Schroon, 
North Hudson, Keene, North Elba, Saint Armand 
and Wilmington, in the county of Essex; the towns 
of Harrietstown, Santa Clara, Altamont, Waverly 
and Brighton, in the county of Franlilin; the town of 
Wilmurt, in the county of Herkimer; the towns of 
Hopkinton, Colton, Clifton and Fine, in the county 
of Saint Lawrence, and the towns of Johnsburgh, 
Stony Creek, and Thurman, and the islands in Lake 
George, in the county of Warren; except such lands 
as may be sold as provided in this article, shall con- 
stitute the Adirondack park. Such parfc shall be 
forever reserved, maintained and cared for as ground 
open for the free use of all the people for their health 
and pleasure and as forest lands, necessary to the 
preservation of the headwaters of the chief rivers of 
the state, and a future timber supply; and shall re- 
main part of the forest preserve. 

§ 291. Powers and duties of forest commission.— 
The board of fisheries, game and forest shall have the 
care, custody, control and superintendence of the 
Adirondack park, and within the sarofe and with 

♦Added by chap. 395 of the Laws of 1895. 



95 

reference thereto and to acts committed therein and 
to persons committing the same, all the control, 
powers, duties, rights of action and remedies belong- 
ing to such board or the commissioners of the land 
office within and with reference to the forest preserve 
as to acts committed therein and persons committing 
the same. The board of fisheries, game and torest 
shall have power: 

1. To contract as herein provided for the purchase 
of land situated within the bounds of the park as 
defined in the preceding section; if any such lands 
can not be purchased on advantageous terms unless 
subject to leases or restrictions or the right to remove 
soft wood timber, the contract may provide accord- 
ingly, but not for any such right, lease or restriction 
after ten years from the date of the contract, nor 
for the right to remove any such trees with a 
diameter of less than twelve inches at the height of 
three feet from the ground. 

2. To contract with owners of laud situated within 
the bounds of the park tliat such lands may become 
part of the park and subject to the provisions of this 
article, in consideration of the exemption of such 
lands from taxation for state and county purposes, 
which contract shall contain a provision that the 
owners of such land and their grantees shall refrain 
forever from removing any of the timber thereupon 
except spruce, tamarack or poplar timber twelve 
inches in diameter, at a height of three feet above 
the ground, or fallen, burned or blighted timber, and 
such other and further conditions as to the right of 
occupancy of such lauds by such owners or their 
grantees as may be equitable. Such contract may 
also reserve to the owners of such forest lands and 
their grantees the privilege of clearing portions of 
such lands for agricultural or domestic purposes 
under regulations to be prescribed by the forest 
commissioners, but no such privilege shall give to 
the owners or grantees of said lands, the right to 



90 

clear more than one acre within the boundary of 
each one hundred acres covered by said contract. 

3. To prescribe and enforce ordinances and regula- 
tions for the government and care of the park and 
for the licensing or regulation of guides or other 
persons engaged in business therein. 

4. To lay out paths and roads in the park. 

§ 292. Contracts.— A contract mentioned in this 
article shall not take effect until approved by the 
commissioners of the land office; a certificate ol 
which approval, certified by the clerk of said com- 
missioners, shall be attached to the copy of the 
resolution of the board of fisheries, game and forest 
authorizing such contract. Every conveyance men- 
tioned in this article shall be certified by the attorney- 
general to be in conformity with the contract, and 
approved by him as to form before the acceptance 
or delivery thereof, and shall be made to the people 
of the state, recorded in the proper county, and after 
record delivered to the commissioners of the land 
office as a part of their archives. 

§ 293. Proceeds of lands sold and payments for 
lands purchased.— The proceeds of lands sold prior 
to January first, eighteen hundred and ninety-five, 
and paid to the state treasurer shall be held by him 
as a separate fund and special deposit at all times 
available for the purchase of other lands under this 
article. Payments for such purchases and for ex- 
penses necessarily incurred by the board in the pre- 
liminary examinations of lands purchased under au- 
thority of this article, or in the examination of titles 
of lands so purchased, or otherwise necessarily in- 
cidental to such purchases, may be made from such 
fund or from any moneys appropriated therefor on 
the certificate of the commission and audit of the 
comptroller. 

§ 294. Revenues from leases made prior to Janu- 
ary first, eighteen hundred and ninety-five.— AD 
revenues received from leases of state lands made 



97 

prior to January first, eighteen hundred and ninety- 
five, shall be paid into the state treasury, and shall 
be placed to the credit of the special fund established 
for the purchase of lands within the Adirondack park. 

§ 295. Annual report.— The board of fisheries, game 
and forest shall include in its annual report an ac- 
count of its proceedings with reference to the park, 
including a statement of the number of acres of land 
purchased during the year, the locality thereof, the 
price paid, the revenue from leases made prior to 
January first, eighteen hundred and ninety-five, and 
all other information of importance connected with 
such transactions; and shall state the amount of 
money required in the next fiscal year for the pur- 
chase of lands and expenses of the park, and make 
such recommendations with reference thereto as it 
deems wise. 

ARTICLE XIV.* 

Laws Repealed, Definitions and Other Provisions. 
Section 300. Amendments to the game law. 

301. Definitions. 

302. Ordinances and regulations of boards of 

supervisors repealed. 

303. Powers of boards of supervisors. 

304. Laws repealed and saving clause. 

305. Construction. 

308. When to take effect. 

§ 300. Amendments to the game law.— All amend- 
ments to the game law shall be made a part of this 
act and additions to the game law shall be numbered 
as sections thereof. 

§ 301. Definitions.— Words and phrases under this 
act, and in proceedings pursuant thereto, shall, unless 
Inconsistent with the context, mean or include as fol- 
lows: 

*As amended by chap. 974 of the Laws of 1895. 

13 



98 

1. *' Person " shall include persons, copartnerships, 
joint-stock companies and corporations, and when 
used with reference to commission of acts which are 
herein forbidden, shall include persons particeps 
ci-iminis in the acts, and the ofiBcers, agents and 
directors or trustees and similar controlling body 
of corporations. 

2. Words importing masculine gender may apply to 
copartnerships, females, joint-stock companies and 
corporations. 

3. Words importing the plural number may import 
the singular number. 

4. Words importing the singular number may ex- 
tend to and be applied to several persons or things. 

5. "Angling" is defined to mean taking fish with 
hook and line and by rod held in hands, and does not 
include set lines. In fishing from boats, rods and 
lines not exceeding two in number may be used by 
any one person. 

6. " Exclusive right to shoot, hunt, or fish " is de- 
fined to mean the right of any person owning or hav- 
ing the right to the possession of the premises, or of 
any person leasing or reserving the exclusive right to 
shoot, hunt or fish thereon from the owner. 

7. " Commissions," " commissioners " or " board of 
commissioners," as used in this chapter, shall be 
construed to mean the commissioners of fisheries, 
game and forest. 

8. *' Article," when standing alone in this act, shall 
be construed to refer to one of the articles hereof. 

9. " Close season " is that period of time during 
which an act is prohibited. 

10. Inclosed lands is defined to mean lands the out- 
lines or boundaries of which are marked by water, 
by a wire, ditch, hedge or fence, road or highway, 
or partially by one or more of said means, or any 
visible inclosure or distinctive boundary which in- 
dicates a separation from the surrounding or con- 
tiguous territory of whatever nature. 



99 

§ 302. Ordinances and regulations of boards of 
supervisors repealed.— All laws or ordinances hereto- 
fore passed by any board of supervisors of any county 
in this state, relating to birds, fish and wild animals, 
are hereby repealed, except the laws passed by the 
supervisors of the county of Suffolk in respect to salt 
water fishing, and in respect to shellfish, and boards 
of supervisors shall hereafter have no power or au- 
thority to pass any regulation or ordinance relating 
to birds, fish or game specified or referred to in this 
act. 

§ 303. Powers of boards of supervisors.— The board 
of supervisors of any county may raise by tax any 
sum not exceeding one thousand dollars in any year, 
to aid in the enforcement of the provisions of this 
act. 

§ 304. Laws repealed and saving clause.— All laws 
and parts of laws inconsistent with this act are 
hereby repealed, but such repeal shall not affect or 
impair any act done or right accruing, accrued or 
acquired, or liability, penalty, forfeiture or punish- 
ment incurred prior to the time when this act takes 
effect, under or by virtue of any law so repealed, 
but an action may be commenced therefor and the 
same may be asserted, enforced, prosecuted or in- 
flicted as fully and to the same extent as if such law 
had not been repealed, and all actions and proceed- 
ings, civil or criminal, commenced under or by virtue 
of the laws so repealed and pending when this act 
takes effect, or commenced after this act takes effect, 
may be prosecuted and defended to final effect in the 
same manner as they might under the laws then ex- 
isting, unless it shall be otherwise specially provided 
by law. 

§ 305. Construction.— The provisions of this act, 
so far as they are substantially the same as those of 
laws existing when this act took effect, shall be 
construed as a continuation of such laws modified or 



100 

amended according to the language employed in this 
act and not as new enactments, and references in 
laws not repealed, to provisions of laws incorporated 
into this act and repealed, shall be construed as ap- 
plying to the provisions so incorporated, and nothing 
in this act shall be construed to amend or repeal 
any provision of the criminal or penal code. 

ARTICLE XV.* 

Special Provisions as to the Waters of the Thou- 
sand Islands. 

Section 310. Article to apply to certain waters of 
the Saint Lawrence river. 

311. Protector to be appointed. 

312. Definition of blacli bass. 

313. Black bass, pickerel, pike, wall-eyed 

pike and muskallonge; close season. 

314. Fishing through the ice prohibited. 

315. Black bass, limit as to size. 

316. Black bass, limit as to catch. 

317. Fishing by certain devices prohibited. 

318. Unlawful devices and explosives pro- 

hibited. 

319. Duty of anglers to exhibit their catch. 

320. Right of protector to make search or 

examination. 

§ 310. Article to apply to the Saint Lawrence river 
between Tibbett's Point lighthouse and Saint 
Regis.— This article applies exclusively to the waters 
of the Saint Lawrence river lying between an 
imaginary line drawn from Tibbett's Point light- 
house, about four miles southwest from Cape Vincent 
to the Snake Island lighthouse, about four miles 
southwest from the city of Kingston, in Ontario, and 
the boundary line between the state of New York and 
the Dominion of Canada at Saint Regis and to be 
known for the purpose of this article as " the waters 

* Added by chapter 531 of the Laws of 1896. 



101 

of the Thousand Islands." (As am'd by chap. 94 of 
Laws of 1897.) 

§ 311. Protector to be appointed.— The board of 
fisheries, game and forest is authorized to appoint 
a protector, to be known as the protector of the waters 
of the Thousand Islands, whose duty it shall be to 
patrol, under the direction of said board, the waters 
of the Thousand Islands, and to enforce the pro- 
visions of this article. 

§ 312. Definition of black bass.— Black bass, under 
this article, includes small-mouthed black bass, and 
large-mouthed black bass, otherwise known as 
Oswego bass. 

§ 313. Black bass, pickerel, pike, wall-eyed pike 
and maskinonge; close season.— Black bass, pickerel, 
pike and maskinonge, commonly called muskallonge, 
shall not be fished for, caught, killed or possessed in 
the waters of the Thousand Islands, between the first 
day of January and the ninth day of June, both in- 
clusive. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of misdemeanor, and in addition thereto shall be 
liable to a penalty of twenty-five dollars for each fish 
so caught, killed or possessed. 

§ 314. Fishing through the ice prohibited.— No 
fish shall be fished for, caught or killed in any man- 
ner, or by any device, through the ice in the waters 
of the Thousand Islands, between the first day of 
January and the ninth day of June, inclusive. Who- 
ever shall violate or attempt to violate the provisions 
of this section shall be deemed guilty of misde- 
meanor, and in addition thereto shall be liable to a 
penalty of one hundred dollars for each violation 
thereof. 

§ 315. Black bass not to be taken less than ten 
inches in length.— No black bass less than ten inches 
in length shall be intentionally taken alive from the 
waters of the Thousand Islands, nor shall the same 



102 

be killed or possessed, and in case any such fish Is 
caught or taken, the person taking it shall im- 
mediately place such fish back in the waters from 
which it was taken without unnecessary injury. 
Whoever shall violate or attempt to violate the pro- 
visions of this section shall be deemed guilty of mis- 
demeanor, and in addition thereto shall be liable to 
a penalty of twenty-five dollars for each violation 
thereof, and ten dollars for each fish so taken, killed 
or possessed. 

§ 316. Limit as to catch of black bass.— No person 
shall take, catch, kill or possess more than twelve 
black bass of the size permitted by this article in 
any one day. Where two or more persons are fish- 
ing or angling from the same boat the aggregate 
number of bass taken, caught, killed or possessed 
by the occupants of said boat in any one day shall 
not exceed twenty-four. Whoever shall violate or 
attempt to violate the provisions of this section shall 
be liable to a penalty of twenty-five dollars for each 
fish so taken, caught, killed or possessed in addition 
to the number hereby allowed. 

§ 317. Fishing by certain devices prohibited.— No 
fish shall be fished for, caught or killed in any man- 
ner or by any device except angling in the waters 
of the Thousand Islands, except that it shall be law- 
ful to take minnows for bait in the manner provided 
for by section one hundred and forty-five of this act; 
provided, however, that if any black bass, pickerel, 
pike, wall-eyed pike or maskinonge are taken in such 
nets they shall be immediately returned to the waters 
alive. Whoever shall violate or attempt to violate 
the provisions of this section shall be deemed guilty 
of misdemeanor, and in addition thereto shall be 
liable to a penalty of one hundred dollars for each 
violation thereof. 

§ 318. Unlawful devices and explosives pro- 
hibited.— The use of dynamite or other explosives 



103 

in any of the waters of the Thousand Islands is pro- 
hibited except for mining and mechanical purposes. 
"The possession by any person on the shores or islands 
of the waters of the Thousand Islands of dynamite 
or other explosives where the use of the same is pro- 
hibited by this section, shall be deemed a violation 
thereof. Whoever shall violate or attempt to vio- 
late the provisions of this section shall be guilty of 
misdemeanor, and in addition thereto shall be liable 
to a penalty of one hundred dollars for each violation 
thereof. 

§ 319. Duty of anglers to exhibit their catch, of 
fish.— Every person fishing in the waters of the 
Thousand Islands shall, whenever requested by any 
fish and game protector, permit such protector to in- 
spect and examine the fish taken by him or in his 
possession, or in the boat occupied by him, and the 
implements by which the same were taken, and in 
case of his refusal to permit such examination or in- 
spection he shall be deemed guilty of misdemeanor, 
and also be liable to a penalty of twenty -five dollars 
for each such refusal. 

§ 320. Right of protector to make search or ex- 
amination.— In case any angler or person fishing in 
the waters of the Thousand Islands shall, upon the 
request of any fish and game protector, refuse per- 
mission to such protector to inspect and examine the 
fish taken by him or in his possession or in the boat 
occupied by him, or the implements by which the 
same were taken, such inspector shall have power 
and he is hereby authorized, with or without a search 
warrant, to examine the contents of such boat or of 
any box, locker, basket, crate or other package 
therein, or in the possession of such angler or per- 
son so fishing, for the purpose of ascertaining 
whether the provisions of this article have been vio- 
lated, and to use such force as may be necessary for 
the purpose of such examination. 



APPENDIX. 



14 



APPENDIX. 



CHAPTER 802 OF THE LAWS OF 1896. 

AN ACT for the establishment of a state reserva- 
tion upon and along the Saint Lawrence river in 
the State of New York. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. All that part of the river Saint Law- 
rence, lying and being within the state of New lork, 
with the islands therein, is hereby constituted an 
international park which shall be known as " The 
State Reservation on the Saint Lawrence." 

§ 2. The said state reservation on the Saint Law- 
rence shall be under the control and management 
of the board of fisheries, game and forest, who shall 
have the power to make and enforce ordinances, by- 
laws, rules and regulations for the management of 
the property of the state within the borders of said 
reservation, and for the orderly transaction of busi- 
ness not inconsistent with the laws of the state; to 
designate one of the present fish and game protectors 
as a superintendent, who shall be subject to the 
order of said board, who shall have the authority of 
a fisheries and game protector, and of a police con- 
stable in criminal cases within the limits of the state 
reservation. 

§ 3. It shall be the duty of the said board of fish- 
eries, game and forest to report to the next legisla- 
ture of this state what laws, in their opinion, should 
be enacted for the government and control of said 
state reservation, so as to make the same the most 
useful to the people of the state as a part of an 
international park upon the Saint Lawrence river, 
comprising the whole of said river. 

S 4. This act shall take effect immediately. 



108 

CHAPTER 657 OF THE LAWS OF 1896. 

AN ACT conferring jurisdiction upon the board of 
fisheries, game and forest, to hear and determine 
any controversies regarding the leasing of lands 
under water for the purpose of the cultivation of 
shellfish. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. Jurisdiction is hereby conferred upon the 
board of fisheries, game and forest to hear any and all 
controversies which have arisen or may hereafter 
arise, regarding the leasing of lands under water for 
the purpose of the cultivation of shellfish, and to de- 
termine the same, upon such terms as may be just 
and equitable. 

§ 2. The said board of fisheries, game and forest, 
in addition to the powers and duties heretofore con- 
ferred upon it by law, shall have power to sue for 
and collect and to compromise, compound and satisfy 
any and all rents which now are or may hereafter be 
in arrears, from lands under water leased by the 
state for the purpose of shellfish cultivation, and 
to make such rebates, for the rental of such lands, 
as in their judgment shall seem just and equitable; 
provided, however, that no such rental shall be re- 
duced to less than twenty-five cents per acre per 
annum for each acre leased. 

§ 3. This act shall talie effect immediately. 



109 

CHAPTER 463 OF THE LAWS OF 1898. 

AN ACT to amend chapter two hundred and fifty- 
one of the laws of eighteen hundred and ninety- 
six, entitled "An act for the protection of fur- 
bearing animals in the counties of Wayne, Jeffer- 
son and Cayuga." 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. Sections one and two of chapter two 
hundred and fifty-one of the laws of eighteen hun- 
dred and ninety-six are hereby amended to read 
respectively as follows: 

§ 1. No person shall catch or kill, or attempt to 
catch or kill, within the counties of Wayne, Jeffer- 
son and Cayuga, any mink, skunk, muskrat or fox, 
except upon his premises or within the limits of an 
incorporated village, or have the same in his pos- 
session which was so killed, from the first day of 
May, to the thirty-first day of the following Octo- 
ber; except that foxes shall not be so killed or caught 
from the first day of May to the thirtieth day of 
the following September. The provisions of this act 
relating to foxes shall not apply to Cayuga county. 

§ 2. Any person violating the provisions of this 
act shall be liable to a penalty of twenty-five dol- 
lars for each and every offense, to be recovered, with 
the costs of the suit, by any person in his own name, 
or by a game constable or game protector of a town 
or county, before a justice of the peace in the coun- 
ties of Wayne, Jefferson or Cayuga when the amount 
does not exceed the jurisdiction of such justice, or 
before a court of record in such counties. One-half 
of the penalty so recovered shall go to the person 
bringing the action, and one-half to the county treas- 
urer, to be credited to the poor fund of the town 
where the offense is committed. 

§ 3. This act shall take effect immediately. 



110 

CHAPTER 40 OF THE LAWS OF 1898. 

AN ACT for the protection of certain fur-bearing 
animals in ttie county of Livingston. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. No person shall catch or kill, or attempt 
to catch or kill, within the county of Livingston, any 
muskrat, mink, coon, fox or skunk, except upon his 
premises or within the limits of an incorporated vil- 
lage, or have the same in his possession, which was 
so killed, from the tenth day of April to the thirty- 
first day of the following October, except that foxes 
shall not be so killed or caught from the tenth day 
of April to the thirtieth day of the following Sep- 
tember. Whoever shall violate or attempt to violate 
the provisions of this act shall be liable to a penalty 
of fifteen dollars for each violation thereof, to be 
recovered by any person in his own name before a 
court in said Livingston county, one-half of the pen- 
alty to be paid to the person bringing such action 
and one-half to the overseer of the poor of the town 
where the offense was committed. 

§ 2. This act shall take effect immediately. 

CHAPTER 175 OF THE LAWS OF 1897. 

AN ACT for the protection of fur-bearing animals 
in the counties of Ca^.taraugus, Oneida, Madison 
and Otsego. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follozvs: 

Section 1. No person shall catch or kill, or attempt 
to catch ot kill within the counties of Cattaraugus, 
Oneida, Madison and Otsego, any mink, skunk, musk- 
rat or fox, except upon his premises or within the 
limits of an incorporated village, or have the same 
in his possession which was so killed, from the first 
day of May to the sixteenth day of the following 
November; except that foxes shall not be so killed 



Ill 

or caught from the first day of May to the thirtieth 
day of the following September. 
, § 2. Any person violating any of the provisions of 
this act shall be liable to a penalty of twenty-five 
dollars for each and every offense, to be recovered, 
with the costs of the suit, by any person in his own 
name, or by a game constable of a town, before a 
justice of the peace in the counties of Cattaraugus, 
Oneida, Madison and Otsego, when the amount does 
not exceed the jurisdiction of such justice, or before 
a court of record in such county. One-half of the 
penalty so recovered shall go to the person bringing 
the action, and one-half to the county treasurer, to 
be credited to the poor fund of the town where the 
offense was committed. 
§ 3. This act shall take effect immediately. 

CHAPTER 561 OF THE LAWS OF 1892. 

AN ACT providing for the protection of Antwerp 
or homing pigeons. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. That on and after the passage of this act 
it shall be unlawful for any person or persons to 
shoot, maim or Ivill any Antwerp or homing pigeon, 
either while in flight or at rest, and any person 
guilty of liilling, shooting, or maiming such pigeon 
or pigeons, as aforesaid, shall be guilty of misde- 
meanor, and upon conviction thereof shall, for every 
such offense, pay a fine of not less than ten nor more 
than twenty-five dollars. 

§ 2. That on and after the passage of this act it 
shall be unlawful for any person or persons to detain 
or entrap any Antwerp or homing pigeon, provided, 
however, that such Antwerp or homing pigeon shall 
have the name of its owner stamped upon its wing 
or tail, or wear a ring or seamless leg band with its 
registei-iid numbe? stamped upon it, and any person 
or persons so detaining such pigeon or pigeons, shall 



112 

be guilty of a misdemeanor, and upon conviction 
thereof, shall, for every such offense, pay a fine of not 
less than ten nor more than twenty-five dollars. 

§ 3. That on and after the passage of this act, it 
shall be unlawful for any person or persons, to re- 
move the ring or seamless leg band with its regis- 
tered number from any Antwerp or homing pigeon, 
to which he or they can not prove ownership, and 
any person or persons removing such a ring or leg 
band from such pigeon or pigeons shall be guilty of 
a misdemeanor, and upon conviction thereof shall, for 
every such offense, pay a fine of not less than ten nor 
more than twenty-five dollars. {As am'd by chap. 
824 of Laws of 1896.) 

CHAPTER 68 OF THE LAWS OF 1898. 

AN ACT for the protection of black bass in Orange 
lake, Orange county. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. No person shall fish for or attempt to 
take from the waters of Orange lake, in the county 
of Orange, any black bass, at any time, from one 
hour after sunset of any day until one hour before 
sunrise of the following day. Any person who shall 
violate or attempt to violate any of the provisions 
of this act shall be guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of 
twenty-five dollars for each violation, and ten dol- 
lars for each black bass so taken. 

§ 2. This act shall take effect immediately. 

CHAPTER 705 OF THE LAWS OF 1897. 

AN ACT for the protection of fish In Chautauqua 
lake, in Chautauqua county. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. It shall be unlawful for any person or 
persons to take any fish of any kind, or to fish for or 



113 

attempt to take any fish from the waters of Chautau- 
qua lake, from the first day of May until the fifteenth 
day of June, in each year, except by the authority of 
the state for the purpose of propagation. 

§ 2. Black bass, yellow bass, rock bass and mus- 
kallonge shall not be fished for, or taken from the 
water of Chautauqua Lake from and including the 
first day of December in each year, to the fifteenth 
day of June in the following year, except as herein 
otherwise provided. (As am'd by chap. 2 of Laws of 
J898.) 

§ 3. Muskallonge and bill-fish may be taken with 
spears, using fish-house and decoys on Mondays and 
Thursdays of each week for five consecutive weeks, 
beginning on the first Monday of February and al- 
lowing ten days for such spearing, but no such fish- 
house, decoy or spear shall be upon the ice or waters 
of Chautauqua Lake before six o'clock in the morn- 
ing, nor after six o'clock in the afternoon of each 
Monday and Thursday as above provided, nor shall 
it be lawful for any person to place or cause to be 
placed, or have any fish-house, decoy or spear or 
other device for taking fish from the waters of Chau- 
tauqua Lake, except by angling, at any other time, 
nor in any other manner than is provided in this act. 
{As am'd by chap. 2 of Laws of 1898.) 

§ 4. All fish-houses or other contrivances for hiding 
the fishermen shall be open at all times to the in- 
spection of all peace officers or officers for the pro- 
tection of fish and game, and shall be liable to con- 
fiscation if found upon the ice or waters of Chau- 
tauqua Lake, except as is herein provided, but this 
act shall not be construed to apply to such fish-houses 
or other contrivances which are being removed from 
or taken to the place of fishing while in actual transit. 
{As am'd by chap. 2 of Laws of 1898.) 

§ 5. The closed season during which it shall be 
unlawful to take black bass, yellow bass, rock bass 
and muskallonge from the waters of Chautauqua 
15 



114 

Lake, shall be from and including the first day of 
December in each year to the fifteenth day of June 
in the year following, except as provided in section 
three of the act hereby amended, and it shall be un- 
lawful for any person to sell or expose for sale any 
of the above-mentioned fish from the waters of Chau- 
tauqua Lake at any time during the closed season. 
{As am'd by chap. 2 of Lazus of 1898.) 

§ 6. Any person or persons who shall violate or 
attempt to violate any of the provisions of this act 
shall be guilty of a misdemeanor, and in addition 
shall be liable to a penalty of twenty-five dollars 
for each violation, and ten dollars for each fish 
taken. {Added by chap. 2 of Laws of 1898.) 

§ 7. This act shall take effect immediately. 

CHAPTER 280 OF THE LAWS OF 1897. 

AN ACT to permit fishing through the ice in cer- 
tain parts of Owasco lake. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. Pickerel, bullheads, catfish, eels, perch 
and sunfish may be fished for through the ice, with 
hooks and lines or tip-ups in Owasco lake, from the 
head of such lake to a line running across the same, 
from a ravine just south of the cottage now owned 
by B. C. Pulver on the west shore of such lake, to 
the ravine Just north of the cottage now owned by 
James Foster on the east shore thereof. 

§ 2. This act shall take effect immediately. 

CHAPTER 93 OF THH LAWS OF 1897. 

AN ACT for the protection of state nets while in 

use in any of the waters of this state. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. It shall not be lawful for any person or 
persons, except those in charge of state nets, at any 



115 

time to handle or take out any fish while confined in 
a state net, or for any person or persons to fish in any 
manner within one hundred feet of any leader or net 
while in use by the state. Whoever shall violate, 
or attempt to violate the provisions of this act, shall 
be deemed guilty of a misdemeanor; and in addition 
thereto shall be liable to a penalty of one hundred 
dollars for each violation thereof. 
§ 2. This act shall take effect immediately. 

CHAPTER 63 OF THE LAWS OF 1897. 

AN ACT relating to the hounding of deer in the 
towns of Dresden and Putnam, in the county of 
Washington. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. Deer shall not be hunted, pursued or 
killed with any dog or bitch in the towns of Dresden 
and Putnam, in the county of W^ashington, at any 
time in the year for the period of ten years from the 
passage of this act. If any dog or bitch of the breed 
used for hunting deer shall be found hunting, pur- 
suing or killing deer, or running at large in the for- 
ests of such towns, it shall be presumptive evidence 
of the violation of this act by the person owning, 
using or harboring such dog or bitch. Whoever shall 
violate or attempt to violate the provisions of this 
section shall be guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty ol one 
hundred dollars for each such violation. 

§ 2. This act shall take effect immediately. 



Taxation of State Forest Lands, 



SECTION 22 OF ARTICLE 2 OF CHAPTER 908 
OF THE LAWS OF 1896. 

§ 22. Assessment of state lands in forest pre- 
serve.— All wild or forest lauds within the forest 
preserve shall be assesed and taxed at a like valua- 
tion and rate as similar lands of individuals wfthin 
the counties where situated. On or before August 
first in every year the assessors of the town within 
which the lands so belonging to the state are situ- 
ated shall file in the office of the comptroller and of 
the board of fisheries, game and forest, a copy of the 
assessment-roll of the town, which, in addition to 
the other matter now required by law, shall state and 
specify which and how much, if any, of the lands 
assessed are forest lands, and which and how much, 
if any, are lands belonging to the state; such state- 
ments and specifications to be verified by the oaths 
of a majority of the assessors. The comptroller shall 
thereupon and before the first day of September 
following, and after hearing the assessors and the 
board of fisheries, game and forest, if they or any of 
them so desire, correct or reduce any assessment of 
state lands which may be in his judgment an unfair 
proportion to the remaining assessment of land within 
the town, and shall in other respects approve the 
assessment and communicate such approval to the 
assessors. No such assessment of state lands shall be 
valid for any purpose until the amount of assessment 
Is approved by the comptroller, and such approval 
attached to and deposited with the assessment-roll 



117 

of the town, and therewith delivered by the assessors 
of the town to the supervisor thereof or other officer 
authorized to receive the same from the assessors. 
No tax for the erection of a schoolhouse or opening 
of a road shall be imposed on the state lands unless 
such erection or opening shall have first been ap- 
proved in writing by the board of fisheries, game and 
forest. 



Fishways in St. Lawrence and Frank- 
lin Counties. 



CHAPTEil 498 OF THE LAWS OF 1895. 

AN ACT to provide for the construction of fish- 
slides or fish-ways through private dams in the 
counties of Saint Lawrence and Franklin. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. All and every person or persons owning 
or holding any mill dam or dams except in the Oswe- 
gatchie river, in and above the natural dam at 
Gouverneur, in Saint Lawrence county, upon any 
river located in Saint Lawrence or Franlilin counties, 
shall construct in, or connect with, every such dam or 
dams, a slide, apron, waste-gate or other passage, 
sufficient to admit of all fish as usually enter the 
mouth of such river, in the spring of the year, to pass 
by, through or over the said dam or dams; which 
said slide, apron, waste-gate or other passage, shall 
be kept constantly open and unobstructed from the 
time said river or stream shall be cleared of ice in 
the spring, until the first day of June in each year; 
provided, that the keeping open such slide, apron, 
waste-gate or other passage shall not cause a want of 
water for the use of any mills or machinery con- 
nected with, or depending upon any such dam or 
dams. 

§ 2. Any and every person or persons, who now own 
or hold or hereafter becomes the owner or holder 
of any such dam or dams, and who shall after Janu- 
ary first, eighteen hundred and ninety-six, neglect 
or refuse to supply such dam or dams with suffi- 
cient slide, apron, waste-gate or other passage, for 



119 

the passage of fish by, through or over the said dam 
or dams, or to keep said slide, apron, waste-gate or 
other passage open and unobstructed, shall be liable 
to a penalty of five dollars for every day he so neg- 
lects or refuses. 

§ 3. All the provisions of the fish and game law, 
not inconsistent herewith, shall apply hereto. 

§ 4. This act shall take effect immediately. 



Look Out for Fire — Rules. 



Fires for clearing land near a forest must not be 
started until the trees are in full leaf. Before light- 
ing such fires three days' notice, at least, must be 
given to the firewarden and occupants of adjoining 
lands. After such fires are lighted, competent per- 
sons must remain to guard them until the tire is 
completely extinguished, and the persons starting 
such fires will be held responsible for" all damages, 
notwithstanding notice has been given to the fire- 
wardens. 

Fires will be permitted for the purposes of cooking, 
warmth and insect smudges; but before such fires are 
kindled, sufficient space around the spot where the 
fire is to be lighted must be cleared from all com- 
bustible material; and before the place is abandoned, 
fires so lighted must be thoroughly quenched. 

All fires, other than those hereinbefore mentioned, 
are absolutely prohibited. 

Hunters and smokers are cautioned against allow- 
ing fires to originate from the use of firearms, cigars 
and pipes; and all persons are warned that they will 
be held responsible for any damage or injury to the 
forest which may result from their carelessness or 
neglect. 

Girdling and peeling bark from standing trees is 
prohibited. Fallen timber only may be used for 
firewood. 

Fish and game protectors and foresters, firewardens 
and all citizens. are requested to report to the fish, 
game and forest commissioners immediately all cases 
which may come to their knowledge, of damage or 
injuiy to forest trees arising from a violation of these 
rules. 

By order of the fish, game and forest commission. 

B. H. DAVIS, 

President. 



Employes of the Fisheries, Game and 
Forest Commission. 



Charles A. Taylor, Assistant Secretary. 

A. N. Cheney, State f*ish Culturist. 

James Annin, Jr., Superintendent of Hatcheries. 

William F. Fox, Superintendent of Forests. 

A. J. Mulligan, Audit and Pay Clerk. 

A. B. Strough, Special Agent. 

M. C. Finley, Special Agent. 

William Wolf, Clerk to Chief Protector. 

J. J. Fourqurean, Stenographer. 

FIRE WARDEJSrS. 

Clinton County. 

Town of Dannemora — Arza Turner, Dannemora- 

Town of Black Brook — William Hopkins, Au Sable 
Forks, N. Y. 

Town of Altona — Benj. McGregor, Forest, N. Y. 

Town of Ellenburg — G. K. McKinney, Ellenburg 
Center. 

Town of Saranac — Frank Ayres, Saranac, N. Y. 

Essex County. 

Town of Chesterfield — Carlos W. Rowe, Keese- 
ville, N. Y. 

Town of Crown Point — H. Underbill, Crown Point. 

Town of Elizabethtown — Carlos A. Jordan, Eliza- 
bethtown, N. Y. 

Town of Essex — John W. Chamberlain, Essex. 

Town of Jay — Charles Bartlett, Upper Jay, N. Y. 

Town of Keene — James Hall, Keene, N. Y. 

Town of Lewis — Charles Cutting, Lewis, N. Y. 
16 



122 

Town of Minerva — Robert H. Wilson, Olmstead- 
ville, N. Y. 

Town of Newcomb — Washington Chase, New- 
comb, N. Y. 

Town of North Elba — Fred. Lamb, Lake Placid. 

Town of North Pludson — Charles H. Lamb, Schroon 
River, N. Y. 

Town of St. Armand — S^ester L. Reed, Bloom- 
ingdale, N. Y. 

Town of Schroon — Gustav Wickham, Schroon 
Lake, N. Y. 

Town of Ticonderoga — E. C. D. Wiley, Ticon- 
deroga, N. Y. 

Town of Westport — William Ormiston, West- 
port, N. Y. 

Town of Willsborough — E. Severance, Wills- 
borough, N. Y. 

Town of Wilmington — Cassius Winch, Upper Jay. 

Franklin County. 

Town of Malone — Fred. Degan, Malone, N. Y. 

Town of Bombay — W. H. Niles, South Bombay, 

Town of Brandon — B. Reynolds, Reynoldston. 

Town of Duane — A. R. Fuller, Duane, N. Y. 

Town of Franklin — Henry N. Paye, Vermontville. 

Town of Westville — George Williams, Westville 
Center, N. Y. 

Town of Moira — T. R. Eddy, Moira, N. Y. 

Town of Bangor — Charles J. Adams, Bangor, N. Y. 

Town of Belmont — Joseph Williamson, Malone. 

Town of Altamont — E. Le Boeff, Tupper Lake. 

Town of Brighton — E. C. Pine, Paul Smith's. 

Town of Harrietstown — W. J. Slater, Saranac 
Lake, N. Y. 

Town of Santa Clara — W. R. Fullerton, Santa 
Clara, N. Y. 

Town of Waverly — Daniel McNeil, St. Regis Falls. 

Town of Dickinson — James W. Sabin, Dickinson 
Center. N. Y. 






123 

Fulton County. 

Town of Bleecker — E. Fisher, Gloversville, N. Y. 
Town of Ephratah — M. G. Van Voarst, Ephratah. 
Town of Johnstown — F. B. Warren, Johnstown. 
Town of Mayfield — William F. Bellin, Glovers- 
ville, N. Y. 
Town of Stratford — Netus Lancaster, Stratford, 
Town of Caroga — Englebert Hine, Pine Lake, N. Y. 

Hamilton County. 

Town of Arietta — F. C. Abrams, Piseco, N. Y. 
Town of Benson — H. Snell, Benson, N. Y. 
Town of Hope — Wm. Lawton, Hope, N. Y. 
Town of Indian Lake — Orrin Cross, Indian Lake» 
Town of Lake Pleasant — D. E. Call, Lake Pleas- 
ant, N. Y. 
Town of Long Lake — W. D. Jennings, Long Lake. 
Town of Morehouse — M. Boh, Morehouseville» 
Town of Wells — T. D. Brown, Wells, N. Y. 

Herkimer County. 

Town of Columbia — W. A. Hatch, South Columbia. 
Town of Danube — S. L. Harder, Minden, N. Y. 
Town of Fairfield — Herman Dodge, Fairfield, N. Y. 
Town of Frankfort — John E. Maynard, Gulph. 
Town of German Flats — P. H. Steele, Mohawk. 
Town of Herkimer — Earl Brice, Ilion, N. Y. 
Town of Little Falls — A. X. Willard, Little Falls, 
Town of Manheim — W. F. Stoddard, Dolgeville. 
Town of Newport — Howard Voorheee. Newport, 
Town of Norway — Henry Nichols, Norway, N. Y. 
Town of Litchfield — Wm. Norton, North Litchfield. 
Town of Winfield — H. C. Nichols, West Winfield. 
Town of Webb — D. B. Sperry, Old Forge, N. Y. 
Town of Ohio — A. O. Bullock, Gray, N. Y. 
Town of Russia — Carey Garlock, Grant, N. Y. 
Town of Wilmurt — John M. Richards, Wilmurt, 



124 

Town of Schuyler — John Wood, West Sehuyler. 
Town of Stark — Gresham Smith, Van Hornesville. 
Town of Warren — James Fagan, CuUen, N. Y. 

Lewis County. 

Town of Croghan — Henry Linstruth, Belfort. 

Town of Greig — Duaue Norton, Glendale, N. Y. 

Town of Harrisburg — Carrol Day, Windecker. 

Town of Highmarket — Michael O'Brien, High- 
market, N. Y. 

Town of Lewis — Chas. Myers, West Leyden, N. Y. 

Town of Leyden — C. D. Wilcox, Port Leyden, N. Y. 

Town of Lowville — Thos. Fowler, Lowville, N Y. 

Town of Lyonsdale — Edward Burdick, Port Ley- 
den. 

Town of Martinsburgh — John Taylor, West 
Martinsburgh, N. Y. 

Town of Montague — Frank Maltby, Montague, 

Town of New Bremen — John H. Bintz, Ctogban. 

Town of Osceola — Chas. Corbett, Osceola, N. Y. 

Town of Pinckney — C. E. Greenley, Barnes Cor- 
ners, N. Y. 

Town of Watson — Stephen Waldron, Chase's 
Lake, N. Y. 

Town of West Turin — F. E. Taylor, Constableville. 

Town of Diana — H. J. Bosworth, Harrisville, N. Y. 

St. Lawrence County. 
Town of Brasher — B. P. Clark, Brasher, N. Y. 
Town of Canton — S. Heminway, Canton, N. Y. 
Town of Clifton — Chas. F. Thomas, Benson Mines, 
Town of Colton — W. J. Horton, Colton, N. Y. 
Town of DeKalb — A. C. Farr, DeKalb, N. Y. 
Town of Fine — Thomas Willis, Fine, N. Y. 
Town of Hopkinton — E. P. Gale, Gale, N. Y. 
Town of DePeyster — Nathan E. Giffin, DePeyster. 
Town of Hermon — A. O. Morgan, Hermon, N. Y. 
Town of Edwards — Horace Webb, Edwards, N. Y. 



125 

Town of Macomb — John K. Mills, Brasie Corners. 
Town of Lisbon — E. B. Hobbs, Lisbon Center. 
Town of Pitcairn — D. G. Graham, East Pitcairn. 
Town of Potsdam — L. DeLisle, Potsdam, N. Y. 
Town of Rossie — M. H. Turnbull, Rossie, N. Y. 
Town of Russell — Edgar M. Lane, South Russell. 

Saratoga County. 

Town of Ballston — Anson J. Larking, South 
Ballston, N. Y. 

Town of Corinth — A. C. Hickok, Corinth, N. Y. 

Town of Edinburgh — Frank R. Smith, Batchellor- 
ville. 

Town of Hadley — E. J. Wilcox, Conklingville. 

Town of Half Moon — Edward McDonnell, Me- 
chanicville, N. Y. 

Town of Providence — Matthew Armer, Barkers- 
ville, N. Y. 

Town of Wilton — Roy Schermerhorn, Wilton, N. Y. 

Town of Moreau — Job Hubbell, Fortville, N. Y. 

Town of Day — Geo. L. Grey, Day, N. Y. 

Oneida County. 
Town of Forestport — George Studor, Forestport, 
Town of Remsen — R. R. Pritcherd, Remsen. 

"Warren County. 
Town of Bolton — Geo. H. Moon, Bolton, N. Y. 
Town of Caldwell — Chas. Wood, Caldwell, N. Y. 
Town of Chester — Geo. Swan, Chestertown. 
Town of Hague — James A. Balcom, Hague, N. Y. 
Town of Johnsburg — Wm. Merrill, Baker's Mills. 
Town of Luzerne — W. J. Hall, Luzerne, N. Y. 
Town of Queensbury — Wm. Roach, Glens Falls. 
Town of Stony Creek — L. R. Dunlop, Stony Creek. 
Town of Warrensburgh — William Woodward. 
Warrensburgh, N. Y. 
Town of Thurman — Miles Frost, Athol. 



126 
Washing'ton County. 

Town of Argyle — Wm. Kilmer, Argyle, N. Y. 

Town of Cambridge — Alvan Robertson, Cam- 
bridge, N. Y. 

Town of Dresden — Patricli Crocliwell, Dresden 
Center, N. Y. 

Town of Easton — Eugene Briggs, Easton, N. Y. 

Town of Fort Ann — E. H. Sturtevant, Fort Ann. 

Town of Fort Edward— Thomas Ellis, Fort Edward. 

Town of Granville — E. B. Temple, Granville. 

Town of Hampton — Lyman Warren, Hampton. 

Town of Hartford — Judson Maynard, South Hart- 
ford, N. Y. 

Town of Hebron — Alton Wilson, Hebron, N. Y. 

Town of Jackson — V. S. Houghtaling, Batten ville. 

Town of Putnam — J. D. Leigh, Putnam, N. Y. 

Town of Salem — Christopher Burnett, Salem. 

Town of Whitehall — Robert Steves, Whitehall. 

Town of White Creek — Charles Agan, Cambridge. 

Delaware County. 

Town of Tompkins — E. A. Howes, Trout Creek. 

Town of Walton — Geo. P. Beers, Walton, N. Y. 

Town of Stamford — John H. King, Almeda, N. Y. 

Town of Middletown — Dewitt B. Cole, Arkville, 

Town of Meredith — John White, Meredith, N. Y. 

Town of Masonville — John Barnabee, Masouville. 

Town of Kortright — J. A. Hill, Bloomville, N. Y. 

Town of Hancock — Francis Bonnefond, East 
Branch, N. Y. 

Town of Hamden — Ralph Andrews, Hamden. 

Town of Rdxbury — Richard S. Hammon, Roxbury. 

Town of Harpersfield — J. Irving McLaney, Har- 
persfield, N. Y. 

Town of Delhi — George Van Dyke, Delhi, N. Y. 

Town of Davenport — I. E. May, Davenport Center. 

Town of Colchester — Thomas JTord, Shavertown. 

Town of Bovina — John W. Blair, Bovina, N. Y. 



127 
Greeoie County. 

Town of Ashland — Frank Dodge, Ashland, N. Y. 

Town of Athens— Douglas McKnight, Athens, N. Y. 

Town of Cairo — Gastoo Wynkoop, Cairo, N. Y. 

Town of Catskill — Benj. W. Grant, Kiskatom. 

Town of Coxsackie — W. W. Sweet, West Cox- 
sackie, N. Y. 

Town of Durham — Adelbert Newell, Durham. 

Town of Greeneville — W. S. Rundell, Greeneville. 

Town of Hunter — William Douglass, Hunter. 

Town of Jewett — Monroe Trusdell, East Jewett. 

Town of New Baltimore —William Friend, Stanton. 
Hill, N. Y. 

Town of Prattsville — Edward R. Clark, Pratts- 
ville, N. Y. 

Sullivan County. 

Town of Bethel — Newcomb Mapes, White Lake. 

Town of Callicoon — Casper Van Weisenfluh. 
Youngsville, N. Y. 

Town of Cohocton — Peter Theiss, Fosterdale, N. Y. 

Town of Fallsburgh — Morris Downey, Mountain- 
dale, N. Y. 

Town of Forestburgh — G. L. Decker, Oakland 
Valley, N. Y. 

Town of Fremont — Phillip Gerhardt, Fremont 
Center. 

Town of Highlands — Geo. W. Parker, Eidred. 

Town of Liberty — Frederick Buckley, Liberty. 

Town of Lumberland — Wm. Ruddick, Glen Spey. 

Town of Mamakating — Wesley Marshall, Wurts- 
boro, N. Y. 

Town of Neversink — Samuel J. Groo, Grahams- 
ville, N. Y. 

Town of Rockland — Plymouth Davis, Livingston 
Manor, N. Y. 



128 

Ulster County. 

Town of Denning — Albert Vandover, Claryville. 
Town of Gardiner — James E. Lefavre, Gardiner. 
Town of Lloyd — Austin B. Merritt, Highland. 
Town of Marbletown — James G. Pratt, Stoneridge. 
Town of New Paltz — Charles Harp, New Paltz. 
Town of Plattekill — Bauman Lefevre, Modena. 
Town of Olive — Hugh Donahue, Krumville. 



INDKX. 



A. PAGK. 

Actions, authority to bring, etc 73 

by persons, authority, etc 74 

expenses of , 76 

where to bring 73 

Adirondack Park 94 

annual report as to 97 

Anglers, Thousand Islands, to exhibit fish when requested 103 

Antelope, general law 17 

Antwerp pigeons, protection of Ill 

Amendments to Fisheries,Game and Forest Law, how numbered, 97 

Appointment of fire wardens 85 

Appointment of commissioners of fisheries, game and forest. , , 4 

Arrest of violators by protectors and foresters 76 

warrant of 77 

Authority to collect birds, etc 27 

B. 

Bait, minnows for 48 

Beaver not to be killed 18 

Black bass, close season, general law 83 

Lake Greorge and Schroon Lake law 33 

Schoharie River law 33 

Salmon River, Franklin county 19 

Crystal Lake, Albany county 53 

Orange Lake 113 

Chautauqua Lake 113 

Thousand Islands , 101 

Long Island 57 

limit in size, ten inches 35 

limit in number to be taken 35 

limit of catch, Thousand Islands 103 

Black Lake, fishing regulations 45 

Brook trout, close season, general law 31 

limit in size, six inches 81 

close season. Long Island 56 

Bounty for destruction of illegal nets 11 

for killing panthers • . . 18 

C. 

Caribou, protected 17 

Chaumont Bay, netting law 41 

Chautauqua Lake, fishing law 113 

17 



130 

PAGE. 

Commissioners of fisheries, game and forest 2 

may compromise shellfish rentals 108 

powers and duties, Adirondack Park 94 

Compensation of fire wardens 87 

Contracts, Adirondack Park 96 

County treasurers to pay bounty on illegal nets 12 

on panthers 19 

Courts, jurisdiction of 76 

Crusting deer prohibited 17 

Crystal Lake fishing law , 53 

Cutting timber, penalty for 89 

Clams, raking of, regulated 64 

taking of, about Staten Island] 65 

D. 

Dams to have fish ways , 79 

Deer, close season, general law. 13 

close season, counties of Ulster, Greene, Delaware and 

Sullivan 18 

close season, Long Is'and 58 

not to be yarded 17 

towns of Dresden and Putnam, Washington county 115 

possession of 14 

transportation of 16 

Deer Park, in Catskills 98 

Definitions of phrases 97 

Defacing signs, penalty for 72 

fire notices, penalty for , 83 

Destroying birds' nests, general law 26 

Long Island 59 

Devices for taking fish, general law 50 

Thousand Islands 102 

Dogs in woods where deer inhabit, may be killed 16 

Drawing off water to take fish prohibited 29 

Dredging oysters and clams regulated 64 

Duties of commissioners 5 

protectors and foresters 9 

Dynamiting fish prohibited 30 

£. 

Eel weirs permitted, general law. 47 

Jamaica Bay » 58 

Eel pots, where permitted 47 

Elk protected , 17 

Explosives to kill fish prohibited 30 

Employes of Commission 121 

F. 

Fawns not to be killed 14 

Fallow fires, penalty for setting in towns named 91 



131 

PAGE. 

Fires, rules as to, in Forest Preserve 120 

railroad companies' duties 84 

fallow 91 

Fire wardens, appointment of 85 

duties and powers 86 

compensation of 87 

county of Clinton 121 

Essex 121 

Delaware 126 

Franklin 123 

Fulton 123 

Greene 127 

Hamilton 123 

Herkimer 123 

Lewis 124 

Oneida 125 

St. Lawrence 124 

Saratoga 195 

Sullivan , 127 

Ulster 128 

Warren 125 

Washington 126 

Fishinpr at Thousand Islands 100 

in Little River, Albany county 53 

in Lawrence Brook, Franklin county 53 

in Otsego Lake 49 

with nets in inland lakes 49 

in Seneca Lake ... 51 

in Fa>l Creek, Ithaca 52 

in Niagara River 39 

in Lake Champlain 39 

in waters in Warren county 42 

through ice in trout waters prohibited 31 

near fishways prohibited 37 

Fish culturist — 5 

Fish and game on private grounds 71 

Fishways . 78 

sign-boards 36 

in St. Lawrence and Franklin counties 118 

Fish which may be placed in Adirondack waters 39 

Forest Preserve 80 

Commissioners' powers and duties 81 

arrest of violators on 93 

taxation of lands of 116 

Fowls, wild, close season, general law 21 

manner of killing 21 

Franchises for shellfish cultivation 68 

Fur bearing animals, Cayuga county 109 

Cattaragus county , 110 



132 

Fur bearing animals — {Continued ) ; page. 

Jefferson county 109 

Livingston county 110 

Madison county 110 

Oneida county 110 

Otsego county 110 

Wayne county 109 

G. 

Game and fish on private grounds 71 

Garbage, etc., not to be thrown in Long Island Sound 61 

Grouse, close season, general law 23 

close season, Long Island 55 

possession of, general law 23 

transportation of, general law 24 

Gardiner's Island law 66 

H. 

Hares, Long Island law 57 

Herring, close season, Hudson River 43 

Homing pigeons protected Ill 

Hounding deer prohibited , 15 

I. 

Ice, fishing through, prohibited in trout waters 81 

prohibited at Thousand Islands 101 

prohibited in Warren county waters 45 

prohibited in St. Lawrence county wat ers 45 

prohibited in Owasco Lake 114 

in certain waters allowed 46 

with set lines 46 

International Park . ... 107 

Ithaca, Fall Creek fishing 53 

J. 

Jamaica Bay, netting law 58 

Jack light hunting deer prohibited 13 

Judgments, how collected 74 

Jurisdiction of courts 76 

K. 

Kings, Queens and Suffolk counties, law 54 

L. 

Lake trout, size to be taken , 36 

Lake Champlain netting law 39 

Erie netting law 40 

Ontario netting law 40 

Land-locked salmon, close season, general law S3 

close season, Long Island 57 

Lands, partition of • 83 

Laying out private parks 70 

Laws of supervisors repealed. 99 



133 

PAGE. 

for cultivation of shellfish 66 

Limitation of shellfish, lease law 67 

Licensing of fish nets, general law 50 

Little River, Albany county, fisKlaw 52 

Lights hunting deer;;prohibited 15 

Long Island Sound, special provisions 54 

Suffolk county franchises 68 

Lobsters, size of , general law 65 

M. 

Meadow hens, etc., close season, Long Island 59 

Meadow larks, etc., close season, general law 26 

close season. Long Island 55 

Meshes of nets, general law as to>ize 50 

Coney Island Creek 48 

Mongolian pheasants, general law 27 

Moose, protection of • ^"^ 

Muscallonge, close season, generalllaw 85 

Chautauqua Lake] 11^ 

O. 

Oswego bass, close season, general law 33 

Otsego Lake, fishing law 49 

Oyster protectors] 60 

beds protected 62 

how sold in shells. 65 

dredging of, regulated 64 

Hudson River regulation 62 

Harlem River regulation 62 

South Bay regulation 66 

Staten Island waters regulation • • • • 65 

^^ ^' 69 

Parks, private °^ 

International 107 

laying out '^^ 

Partition of lands ^ 

Panthers, bounty on 18 

Partridge, close season, general law 23 

close season. Long Island 55 

Pickerel, close season, genei'al law 33 

close season, Thousand Islands 161 

Pike, close season, general law 33 

close season. Thousand Islands 101 

wall-eyed, close season 33 

Peace officers, powers of 1^ 

Pheasants, general law 27 

Pigeons, homing, protected HI 

Plover and other birds, close season 25 

Polluting streams ^ 

oyster ground waters 61 



134 

PAGE. 

Powers and duties of fire wardens 86 

of protectors and foresters on Forest Preserve 92 

Protectors, fish and game, duties of 9 

Prosecutions 72 

Punishment for misdemeanor 77 

Q- 

Quail, close season, general law , 22 

possession of 22 

transportation of 24 

Queens county, special provisions 54 

B. 

Baking clams, regulated 64 

Rabbits, close season, Long Island 57 

Railroad companies, duties as to fires 84 

Raritan Bay, netting law 44 

Recoveries, how disposed of 75 

timber trespass, disposition of 88 

Report of Commissioners, general 6 

as to Adirondack Park 97 

Forest Preserve leases 96 

as to income from Preserve , . 83 

as to receipts of fines, etc 76 

Report of protectors and foresters 9 

Right of search at Thousand Islands 103 

Robbins Island law 56 

Robbing birds' nests prohibited , . . . 26 

S. 

Salmon, close season, general law 36 

transportation of 83 

not to be disturbed while spawning 32 

Salmon trout, close season, general law 32 

close season. Long Island 57 

Salt water striped bass, size of 37 

Sawdust running in streams 29 

Screening streams, general law 80 

Search warrants 77 

Seneca Lake, fishing law ,.... 51 

Signs not to be defaced, penalty 72 

Shellfish ; 60 

not to be gathered by nonresidents 64 

franchises for cultivation of, Suffolk county 68 

leases for cvdtivation of 66 

Shad, Hudson and Delaware Rivers, law 43 

Richmond county law 44 

Sherriffs and police officers, powers 10 

Snaring game birds prohibited, general law 26 

Snipe, close season, general law , 25 

close season, Long Island 55 



136 

PAGE. 

Special protectors and foresters 10 

Spearing in Lake Ontario, Jeflfersoa county 53 

Squirrels, close season, general law 17 

close season, Long Island 58 

State reservation on the St. Lawrence River 107 

Staten Island, clam and oyster regulations 65 

Starfish 63 

Striped bass, size of 37 

Stocking waters from streams 30 

Suffolk county, special provisions 54 

Supervisors are fire wardens in some toAvns 88 

may raise money to enforce this law 99 

Queens and Sufliolk counties, powers 59 

T. 

Taking fish by drawing off water 29 

Taxation of Forest Preserve lands 116 

Thousand Islands, fishing law , 100 

protector for , lOl 

Thumping or scaring fish into nets 51 

Trout, close season, general law 31 

close season, Long Island 56 

salmon, close season, general law 33 

salmon, close season, Long Island 57 

transportation of. 33 

size to be taken, general law 31 

not to be disturbed while spawning 33 

Transportation of venison 16 

trout 33 

partridge 24 

grouse 24 

woodcock , 24 

Trapping deer 15 

game birds , , 26 

Trees, cutting of, on Forest Preserve 89 

Trespass on Forest Preserve, actions for 88 

V. 

Venison, possession of 14 

transportation of 16 

Violators on Forest Preserve, arrest of 93 

W. 

Waters not to be stocked from streams 30 

Wall-eyed pike, close season, general law 34 

Warrants of arrest 77 

Warrants, search , . 77 

Warren county, fishing in certain waters 43 

Wild birds protected 25 

Wild fowl, close season, general law 21 

close season, Long Island ^ . 54 



136 

Wild fowl — (Continued) : page. 

manner of killing, general law 21 

manner of hunting, Long Island 54 

Witnesses 78 

fees of 73 

Woodcock, close season, general law 23 

close season, Long Island 55 

Richmond county , 19 

Clinton county 23 

Essex county 23 

W arren county 23 

possession of, general law , !; 23 

transportation of, general law 24 

Y. 

Yarding deer prohibited 17 



LB N '08 



